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R E P O R T 



OF 



Commissioners 



ON THE 



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REVISION AID 




i 



IDATION 



OF THE 



STATUTE LAWS OF THE STATE. 






COLUMBIA, S. C. : 

REPUBLICAN PRINTING COMPANY. 

1871. 



IV ilEPORT. 

enough to believe our work perfect, but trust we have made an earnest 
endeavor, and with some degree of success, to carry out the true intent 
and purpose of the Legislature. 

The statutes of the State have been enacted under such widely differ- 
ent circumstances, referring to such widely different situations, organiza- 
tions and institutions, covering a period of nearly two hundred years, 
that they almost defy any harmonious arrangement and consolidation 
whatsoever. Many fundamental changes have taken place iu the State 
since its first organization, and much legislation, valuable at the time of 
its adoption, has become, iu whole or in part, obsolete. To determine, 
therefore, what portion of a statute is, and what portion is not, of force, 
frequently presents questions of the greatest nicety and difficulty. In 
questions of this class, the Commission has sought to harmonize the older 
with the newer Acts, by lopping off and trimming the older so as to ena- 
ble them to stand with the new. 

One requirement of the statute, under which the Commission has per- 
formed its labors, has not been complied with strictly, viz : "At the same 
time [when they make their final report], they shall suggest to the Gene- 
ral Assembly such contradictions, omissions and imperfections as may 
appear in the original text, with the mode in which they have reconciled, 
supplied and amended the same." Our failure to comply with this pro- 
vision has been occasioned mainly by the fact that the contradictions, 
omissions, imperfections, etc., have been reconciled in the most simple 
and obvious manner, and reference to the original statutes are given in 
the margin, and by a reference to the original statutes, the exact mode 
in which the contradictions, omissions and imperfections have been dealt 
with will appear, and quite as plainly as though the Commission had 
repeated iu language what they had done. 

We have designated by their titles the statutes which ought to be re- 
pealed. The reason for this repeal is, that those statutes, or so much 
of them as was of force, are included in this compilation, and, upon the 
adoption of it, as reported by the Commission, they should be repealed 
as being no longer necessary. 

In submitting this final report, the Commission desire to state, as a 
matter of record, that, during the period intervening between March 9, 
1869, and the fourth Tuesday of November, 1869, they were employed 
in preparing a Code of Procedure, which they submitted to the General 
.Wembly at the regular session iu 1869; that, since that time, between 
the sessions of the General Assembly, they have been engaged upon the 
work which is now submitted. 

We desire to call the attention of the Legislature to the fact that Sec- 
tion 3 of Article V of the Constitution provides for the adoption of a 
" Penal Code," but the Commission have not felt themselves authorized 
to enter upon that work under the Statute above quoted. The prepara- 
tion of a Penal Code was clearly not contemplated by the Legislature in 
this Act. We have, consequently, only revised, simplified, digested, 
arranged and consolidated, under appropriate heads, all the Statutes of 
the State, general and permanent in their nature, in the doing of which 



REPORT. V 

we have comprehended all the criminal as well as civil law of the State ; 
and, it will be seen that it appears throughout the volume. A Penal 
Code can be prepared now, very much more easily than before this com- 
pilation was made, and the Legislature will doubtless direct that it be 
done, if, in its wisdom, it shall deem advisable. 

Some errors have occurred in finally publishing the Report, owing to 
the'rapidity with which it passed through the hands of the printer ; but 
those errors will be found on a page of errata at the close of the work. 
Respectfully submitted. 

W. J. Y\ T HIPPER, 

CHARLES W. MONTGOMERY, 

D. T. CORBIN, 

Commissioners. 
Columbia, S. C, November 28, 1871. 



VIII INDEX TO PARTS, TITLES AND CHAPTERS. 

TITLE V. 

Of Certain. State Officers and Matters of Finance. 

PAGE 

Chapter XVI. Of certain State Officers 95 

XVII. Of the Comptroller General, Treasurer, State Au- 
ditor, Land Commissioner, Commissioners of 
the Sinking Fund, Commissioner of Agricultu- 
ral Statistics, and Matters of Finance 105 

TITLE VI. 

Of Counties and County Offices. 

Chapter XVIII. Of Counties and their Corporate Powers ]22 

XIX. Of County Commissioners, their Powers and 

Duties 133 

XX. Of County Sheriff. 143 

XXI. Of County Coroner 156 

XXII. Of Clerks of Common Pleas and General Ses- 
sions 160 

XXIII. Of Register of Mesne Conveyances 173 

XXIV. Of the Judge of Probate 175 

XXV. Of Trial Justices 179 

XXVI. Of Constables 190 

XXVII. Of the Census 193 

TITLE VII. 

Chapter XXVIII. General Provisions Relating to Public Offi- 
cers 196 

TITLE VIII. 
Of Public Charges. 

Chapter XXIX. Of Paupers 200 

XXX. Of the State Orphan Asylum 206 

XXXI. Of the Estate of Dr. John De La Howe 208 

TITLE IX. 

Of the Public Health. 

Chapter XXXII. Of Physicians and Apothecaries 210 

XXXIII. Of Quarantine 211 

XXXIV. Of Asiatic Cholera 220 

TITLE X. 

Of Public Instruction. 

Chapter XXXV. Of the State Superintendent of Education 220 

XXXVI. Of the State Board of Education 223 

XXXVII. Of Text Books 225 

XXXVIII. Of County School Commissioners and Boards of 

Examiners 225 



INDEX TO PARTS, TITLES AND CHAPTER^-. r.\ 

PAGE 

Chapter XXXIX. Of School Districts and Trustees 229 

XL. Of the Normal School 233 

XLI. Of the Agricultural College 234 

XLII. Of the University of South Carolina 235 

XL1II. Of the Deaf and Dumb and the Blind '241 

TITLE XI. 

Of Ways, Bridges, Ferries, Fences, Dams and Drains. 

Chapter XLIV. Of Highways 243 

XLY. Of the Repair of Highways and Bridges 247 

XLVI. Oi Water Courses and Cuts 253 

XLVII. Of Bridges, Turnpikes and Ferries 256 

XLVIII. Of the State Road 265 

XLIX. Of Dams and Drains 2C9 

L. Of Fences 272 

TITLE XII. 

Of the Regulation of Trade in Certain Cases. 

Chapter LI. Of the Inspection and Sale of Provisions and other 

Merchandise 274 

LIT. Of Auctions and Vendues 281 

LIII. Of Weights and Measures 282 

LIV. Of Shipping and Pilotage 282 

LY. Of Money, Bills' of Exchange and Promissory Xotes, 285 

LVI. Of Agency 296 

LVII. Of Limited Partnerships 296 

LVIII. Of the Inspection of Timber and Lumber 301 

LIX. Of Neat Cattle 302 

• LX. Of Common Carriers 303 

TITLE XIII. 

Of Corporations. 

Chapter LXI. Of Banks and Banking 304 

LXII. Ofltisurance Companies 306 

LXIII. Of Corporations Organized Under Charters 309 

LXIY. Of Corporations Organized Under General Sta- 
tutes 327 

LXV. Of Railroad Corporations 336 

LXYI. Of Draining Corporations 341 

LXVII. Of Certain Powers and Liabilities of Corpora- 
tions 345 

TITLE XIY. 

Of the Internal Police of the S'ate. 

Chapter LXVIII. Of the Maintenance of Bastard Children 346 

LXIX. Of the State Lunatic Asylum ? 347 



X INDEX TO PARTS, TITLES AND CHAPTERS. 

PAGE 

Chapter LXX. Of Vagrant? .'350 

LXXI. Of Estrays 353 

LXXII. Of Drifted Lumber and Timber 355 

LXXIII. Of Wrecks and Shipwrecked Goods 355 

LXXIV. Of the Observance of the Lord's Day 358 

LXXV. Of Immigrants and Seamen 360 

LXXVI. Of Unclaimed Property, Transported by Com- 
mon Carriers 366 

LXXVII. Of the Protection of Game 367 

LXXYIII. Of the Protection of Oyster-beds 371 

LXXIX. Of Gambling 372 

LXXX. Of Licenses 376 



PART II. 

Of the Acquisition, the Enjoyment and the Transmission of 
Property, Real and Personal — The Domestic Relations, 
and Other Matters Connected with Private Rights. 

TITLE I. 

Of Real Property and the Alienation Thereof. 

Chapter LXXXI. Of Tenure and Title 381 

LXXXII. Of Alienation by Deed, the Legal Formalities, 
Construction, and Operation of Deeds for 

the Conveyance of Lands 386 

LXXXIII. Of Estates in Dower, and of Inheritance 393 

LXXXIV. Of Estates for Life, for Years, and at Will; 
and General Provisions Concerning Real 
Estate 397 

TITLE II. 
Chapter LXXXV. Of Titles to Real Property by Descent 401 

TITLE III. 
Chapter LXXXVI. Of Wills 404 

TITLE IV. 

Of the Settlement of Estates of Den axel I'ir*on.<, Tnt.4*, and Spe< 
Provisions Relating In Trusts and Guardianships. 

Cfl wTi:r. LXXXVII. Of Letters Testamentary and Proceedings on 

the Probate of Wills 411 

LXX XVIII. Of the Administration and Distribution of 

1 h It slates' Ms tates 413 



INDEX TO PARTS, TITLES AND CHAPTERS. XI 

PAGE 

Chapter LXXXIX Of Inventories and Appraisements 417 

XC. Of the Payment of Debts and Legacies 418 

XCI. Of the Accounts and Commissions of Exe- 
cutors and Administrators 422 

XCII. Of the Liability of Heirs 42-4 

XCIII. Of Trusts and Special Provisions Relating 

to Trusts and Guardianships 425 

TITLE V. 
Of Title to Property by Special Provisions of Laiv. 

Chapter XCIV. Of Sales by Executors, Administrators and Fi- 
duciaries 429 

XCV. Of Sales of Land under Execution 431 

XCVI. Of Homesteads 434 

XCVII. Of the Assignments of Insolvent Debtors 436 

TITLE VI. 

Chapter XCVIII. Of- the Prevention of Frauds aud Perjuries 438 

TITLE VII. 

Of the Domestic Relations. 

ChapterXCIX. Of Marriage 440 

O Of Certain Rights and Liabilities of Husband and 

Wife 441 

CI. Of Guardians and Wards 442 

CIL'Of the Change of Xames 444 

CHI. Of Masters, Apprentices and Laborers .».. 446 



PART III. 

Of Courts and Judicial Officers, and Proceedings in Civil 

Cases. 

TITLE I. 

Of Courts and Judicial Officers. 

CIV. Of the Supreme Court 4"] 

CV. Of the Circuit Courts 454 

CVI. Of the City Court of Charleston 456 

CVII. Of Attorneys, Solicitors and Counsellors 457 

CVIII. Special Provisions Respecting Courts aud the Ad- 
ministration of Justice 4iil 



XIIj l_NI>i:X TO PARTS, TITLES AND CIIAFTERS. 

TITLE II. 
Of Actions and Proceedings Therein. 

PAGE 

Chapter CIX. Of Actions by and against Executors and Adminis- 
trators 464 

CX. Of Witnesses and Evidence 466 

CXI. Of Juries 474 

TITLE III. 
Of Remedies Relating to Real Property. 

Chapter CXIL Of Certain Proceedings by Reniainder-rnen, 

Heirs, &c 482 

CXIII. Of the Allotment of Dower 485 

CXIV. Of Proceedings on the Partition of Real Estate. 487 

CXV. Of Forcible Entry and Detainer 490 

(XVI. Of the Foreclosure and Redemption of Mort- 
is 492 

CXVII. Of Escheat 493 

TITLE IV. 

Of Certain Writs and Proceedings in Special Cases. 

Chapter CXVIII. Of Habeas Corpus 498 

CXIX. Of Prohibition and Mandamus 502 

CXX. Of Chattel Mortgages and Liens 503 

CXXI. Of Certain Provisions for Special Cases 512 

TITLE V. 

Chapter C'XXII. The Code of Procedure 515 

TITLE VI. 

Of Proceedings for the Relief of Persons Arrested in Civil Ac- 
tion 1. 

Chapter CXXIII. Of Prison Bounds and the Discharge of the 

Prisoner 629 

CXXVI. Of the Assignment for the bi nefit of Creditors, 636 

TITLE VII. 

Of Legal Notia s and I 

CiiAi-TKi: CXXV. Of the Publication of Legal Notices 639 

CXXVI. Of the Fees of Certain Officers 610 



INDEX TO PARTS, TITLES AND lIIAPTERS. XIII 

PAET IV. 

Of Crimes, Punishments, Proceedings in Criminal Cases, 
and Prison-. 

TITLE I. . 

Of Crimes and Punishments. 

PAGE 

Chapter CXXVII. Of the Rights of Persons Accused 646 

CXXVIII. Of Offences against the Person : 647 

CXXIX. Of Offences against Property 652 

CXXX. Of Forgery anifc Offences against the Cur- 
rency 660 

CXXXI. Of Offences against Public Justice 661 

CXXXII. Of Offences against the Public Peace 667 

CXXXIII. Of Offences against Chastity, Morality and 

Decency 671 

CXXXIV. Of Offences against the Public Health 673 

CXXXV. Of Offences. against Public Policy 674 

CXXXVI. Of Offences against Civil Eights 675 

CXXXVII. Of Felonies Accessories aDtl Abettors 678 

TITLE II. 
Of Proceedings in Criminal Cases. 

Chapter CXXXVIII. Of Arrests, Examination, Commitment and 

Bail 7 I 

CXXXIX. Of Indictments, Prosecutions and Proceed- 
ings before Trial 681 

CXL. Of Trials 682 

CXLI. Of Appeals and New Trials 684 

CXLLT. Of Judgment and Execution 684 

IXLIII. Of Inquests on Dead Bodies 686 

TITLE III. 

Of Prisons and Imprisonment. 

Chapter CXLIV. Of Jails and Prisoners 692 

CXLV. Of the State Penitentiary 695 



PART V. 

Of the General Statutes and the Repeal of Existing 

Laws. 

Chapter CXLVI. Of the General Statutes and their Effect 699 

CXLYII. Of the Repeal of Existing Laws 701 



GENERAL STATUTES 



OF THE 



STATE OF SOUTH CAROLINA. 



• 






STATE OF SOUTH CAROLINA. 



In the Year One Thousand Eight Hundred 
and Seventy-one. 



-A.2sT ACT 



FOR 



REVISING AND CONSOLIDATING 



THE 



GENERAL STATUTES 



OP THE 



STATE. 



Be it enacted by the Senate and House of Representatives 
of the State of South Carolina, now met and siting in Gen- 
eral Assembly', and by the authority of the same: — 



PAET I. 



Of the Internal Administration of the Government. 



TITLE I. 

OF THE JURISDICTION OF THE ST A.TE- LEGISLATURE -STAT- 
UTES-PUBLIC REPORTS AND DOCUMENTS-STATE LIBRARY 
AND OTHER PUBLIC PROPERTY- VACANT LANDS. 



Chapter I. Of the Jurisdiction of the State, and Places Ceded to the 
United States. 

II. Of the Legislature. 

III. Of the Statutes. 

IV. Of Public Peports and Documents. 

V. Of the State Library and other Public Property. 

VI. Of Vacant Lands, and the Granting Thereof- 



CHAPTER I. 



Of the Jurisdiction of the State, and Places Ceded to the 

United States. 



Sec. 

1. Jurisdiction of tlie State of South Car- 

o ina. 

2. Reciprocity a- to chartered privileges 

between Georgia and South Caro- 
lina. 

3. Places ceded to the United States, and 

subject to concurrent jurisdiction, 

VIZ : 

1. Light-house on Middle Bay Island, 

in Charleston Harhor. 

2. Seven acres of land on North Island, 

Georgetown County. 

3. Fort, Moultrie, on Sullivan's Island, 

Charleston County. 

4. Fort Johnson, Charleston County. 

,"i. Fort Pinckney, Charleston County. 

6. Sand bank on South-east Point of 

Charleston. 

7. Ten acres on Blythe's Point, Sampit 

River, in Georgetown County. 

8. Mustard Island, and seven acres on 

St. Helena Island, Beaufort County. 

9. Five acres in Beaufort, Beaufort 

County. 
10 Fort Mechanic, Charleston County. 
11. One hundred feet on Haddrell's 

Point, Charleston County. 



12. One acre on Otter Island, Colleton 

County; one acre on Station Creek, 
and one acre on Bob's Island, Beau- 
fort County. 

13. Sites on Sullivan's Island, James's 

Island, and Shute's Folly Island, 
Charleston County. 

14. A lot on South Island, Georgetown 

County. 

15. Five acres in. Charleston, for a Cus- 

tom House. 

16. A site for light-house on Morris Isl- 

and, Charleston County. 

17. Same on Thomas's Island. 

Is. sites on North and South Island 
Points, near Georgetown, George- 
town Countv. 

10. Same on Cape Island, Charleston 
County. 

20. Site in Charleston, for harbor-light. 

21. Site for beacon, in range with 

Charleston Light House. Si 

day beacon for St. Helena Sound, 

Beaufort County. 

22. Sites for beacons for Callabogue 

Sound, Beaufort County. 

23. Sites at North Edisto, Charleston 

County. 



JURISDICTION OF STATE, &C. 

24. Site on Hunting Island, Beaufort Sec. 

county. 4 Land may be purchased Uy U ited 

Srte^onor^nearHUton Head, Beau- states lor arsenals and maga- 

zines. 



fort County, 

26. Fifty feet on South Battery, Charles- 
ton. 

■27. Site at Mount Pleasant, Charleston 
County. 

28 Site at White Point, Charleston 

cH^iV'i-^t d„;„. ^^„,.™„»„„.„ /."Jurisdiction ceded tothe United States 



5. If parties cannot agree, land to be val- 

ued. 

6. Concurrent jurisdiction retained by 
the State. 



- te at Fort Point, Georgetown 
County. 

30. Site of land known as " Charleston 

Club House," on Meeting street, in 
Charleston. 

31. Half an acre in Columbia, corner of 

Kichardsun and Laurel streets. 



over all lands acquired for public 

purposes Jurisdiction not to vest 
until after acquisition of title from 
owners, and to be concurrent witu 
State jurisdiction. 
S. Lands exempt from State taxation. 



jurisdiction Section 1. That the sovereignty and jurisdiction of this State extends 

south S cai'on- t0 a 'l places within its hounds, which are hereby declared to be as fol- 

na - lows: 

North caro- The Northern line, beginning at a point on the sea shore, about a mile 

and a quarter East of the mouth of Little River, runs in a North-west 

Survey of 1735. direction, sixty-four and one-half miles, to a point two miles North-west 

of one of the branches of Little Pee Dee River; theace, in the same di- 

surveyofi,37. rec ti orl] twenty-two miles, to a stake in a meadow ; thence, in a direction 

Survey of 17W. due West, a distance of sixty-two miles, to a point where the said line in- 

, .. tersects the Charleston road, (at sixtv-one miles,) near the Waxhaw 

Survey of 1772, ... " . . 

Gov. Swain ; Creek : thence along the line extending from this point to the Trvou 

I 409 ■ lslo I ■ 

420. ' Mountain; thence, from a stone set up and marked "S. C. and X. C, 

September 15th, 1815," running West, four miles and ninety poles, to a 
stone marked " S. C. and N. C.;" thence South, twenty-five degrees West, one 
hundred and eighteen poles, to a chestnut on the top of the Ridge dividing 
the waters of the North Fork of Pacolet River from the waters of the North 
Fork of the Saluda River ; thence along the various courses of the said 
Ridge, (agreeably to the Plat and Survey of the Commissioners and Sur- 
veyors accompanying their report, dated 2d November, 1815,) to the 
Ridge that divides the Saluda waters from those of Green River ; thence 
along the various courses of the said Ridge, agreeably to the said Plat 
and Survey, to a stone set up where the said Ridge joins the Ridge which 
divides the Eastern from the Western waters, and which stone is marked 
"S. C. and N. C, September 28th, A. D. 1815 ;" thence along the vari- 
ous courses of the said Ridge, agreeably to the said Plat and Survey, to 
a stone set up on that part of it which is intersected by the Cherokee 
boundary line, run in the year 1797, and which stone is marked "S. C. 
and N. C, 1813 ;" and from the said last mentioned stone, on the top of 
the said Ridge, at the point of intersection aforesaid, a direct line. South, 
sixty-eight and one-fourth degrees West, twenty miles and eleven poles, 
to the thirty-fifth degree of North latitude, at the Rock in the East bank 
of Chatooga River, marked "Latitude thirty-five degrees, A. D. 1813 :" 
which line, from the termination of the line of 1772 to the Chato 
River, is, in all, a distance of twenty-four miles and one hundred and 
eighty-nine poles. 
■ Line. From the State of Georgia, South Carolina is divided by the Savau- 

gest, " nali River, from its entrance into the Ocean to the confluence of the Tu- 

rn, t;aloo and Keowee Rivers; thence by the Tugaloo River to the conflu- 

i,'4ii'. ' ' ence of the Tugaloo ami Chatooga Rivers ; thence by the Chatooga River 



JURISDICTION OF STATE, &C. 3 

to the North Carolina Hue aforesaid, in the thirty-fifth degree of North u > s U s Z u B i8» 

latitude, the line being low-water mark at the Southern shore of the MS., per John- 
son, j. 

most Northern stream of said rivers where the middle of the rivers is Handy vs. 
broken by islands, and middle thread of the stream where the Rivers Ohio River 

„ . , Case, U.S. S.C., 

now in one stream or volume. 5 Wheat, 374. 

On the East, the State is bounded by the Atlantic Ocean, from the Eastern 

mouth of the Savannah River to the Northern boundary, near the mouth lantiooce'an." 

of Little River, including all the Islands. • charters' s c 1 

Trott's Laws'. 

Sec. 2. Any charter or franchise granted, or to be granted, by the Reciprocity 

State of Georgia, for the purpose of building and establishing bridges or ed privileges 

ferries over the Savannah River, shall have full effect within the limits g?a and south 

and jurisdiction of the State of South Carolina, to the same extent, in all al0Ima - 

respects, as if such charter or franchise had been granted by the State of 

. Proviso. 

South Carolina: Provided, That the State of Georgia do, by law, pro- 1851X I I 119 ■ 
vide that equal effect be given in the State of Georgia to charters and 
franchises granted by this State; and that the legal validity and effect 
of a charter, granted by either of the said States for the purposes afore- 
said, shall be subject to this limitation and restriction, that no such char- 
ter, from either State, shall prevent the other State from granting a char- 
ter for a bridge or ferry over the Savannah River at any place, however 
near the place, where a bridge or ferry is or may be established, under a 

charter from the other State. 

Places ceded 
to the United 

Sec. 3. That, in respect to the places within the boundaries ceded by states and 

r r "'suhjectto 

the State to the United States, the jurisdiction of this State is concurrent concurrent 

with that of the United States, according to the terms of cession in each viz : 

case respectively. 

The places ceded are as follows: 

1. The light-house on Middle Bay Island, within the bar of Charles- 
ton harbor, bounded, to the North, by a small inlet passing between the on Middle 

■ i • t 1 in li -i 1 1 i i -n n ^ay Island, in 

said island and Morris Island ; to the South, by an inlet called the .tolly Charleston 
Inlet ; to the East, by the Atlantic Ocean ; and to the "West, by a Sound — j^ 90 ' v U8 
or Creek passing between the said Middle Bay Island and the other 
island aforesaid ; together with the lands and tenements thereunto be- 
longing, and together with the jurisdiction of the same, as far as the 
same shall be incident and essential for the erection of forts, magazines, 
arsenals, dock-yards, and other needful buildings, and the appointment 
of officers, and general regulation of the said light-house, forts, maga- 
zines, arsenals and dock-yards, in fee simple, in as full, ample and effec- 
tual manner as the premises could be granted, aliened, transferred, 
conveyed and confirmed, by any deed or devise, in due form of law ; 
upon the special proviso and condition, nevertheless, that the said United 
States shall sufficiently support, maintain and keep in good repair, and 
rebuild, when necessary, the said light-house, from time to time, and at 
all times hereafter; and shall also erect, or cause to be erected, proper 
leading marks to and for, or as appending to, the said light-house, and 
cause buoys to be stationed in fit places for the further and better facili- 
tating and securing the navigation; and that all expenses which shall 



4 JURISDICTION OF STATE, &C. 

accrue in, for and about the said light-house, or the leading marks and 
buoys above mentioned, shall be defrayed out of the Treasury of the 

United States. 

of Tandem ^' '^ eveu acres of land on North Island, in Georgetown County, but- 
GeoiKet^own *' n o aiu ^ bounding to the eastward on the sea, to the West and North by 
county. lands belonging to Paul Trapier, and to the South by Winyaw Bay : 

Provid a, nevertJtelesg, That nothing contained in this cession shall be 
construed to exclude or prevent any process, criminal or civil, issuing 
from any of the courts of this State, from being served or executed 
within the limits of the said tract of seven acres of land. 

Fort Moui- 3. All the lands reserved for Fort Moultrie, on Sullivan's Island, in 

trie, on Sulli- 
van's island, Charleston County — provided the same shall not exceed five acres — with 
Charleston , .*, ... 

Coun ty. _ all the forts, fortifications and buildings thereon, together with the canal 

lioo, v, 501, leading- from the cove on the back of the fort, nearly up to the same, as 
delineated on the plan of Charleston harbor by Col. Senf, in the Secre- 
tary of State's office at Columbia. 

Fort John- 4. The high lands and part of the marsh belonging to Fort Johnston, 
ton county. s " as delineated on the said plan of Charleston harbor — provided the 
l0 - same shall not exceed twenty acres — including the present site of Fort 

John>ton. 

Fort Pinciv- 5. The land on which Fort Pinckney is built, and three acres around 
ney, Charles- * 

the same — Charleston County. 



i bank 6. A portion of the sand bank marked "C," on the South-eastern- 

point"V char- most pohit of Charleston, as delineated on the said plan of Charleston 

leston - harbor, not exceeding two acres. 

ii>. ° ■ 

Ten acres 7. A lot, not exceeding four acres, for a battery or fort, and necessary 

Point, sain- buildings, on Dr. Blythe's point of land, at the mouth of Sampit Paver, 
BeoiSeToNvn Georgetown County, and a quantity of land, not exceeding six acres, on 

county. jy r jjiytbe'g s;l j d j )0 j n t of land, at the mouth of Sampit River, adjoining, 

and in addition to, the said four acres, and for the same purposes, 
land and sev- 8. Mustard Island, opposite Parris' Island, in Beaufort River, and a 

Helena I s^ tract of land on St. Helena Island, opposite the same, not exceeding 
land, Beau- -r> j?./-i 

fort bounty, seven acres — Beaufort County. 

\ > °" L 9. Five acres of the public lands, near the town of Beaufort, including 

i if 'Beaufort! tne s ' te °f Fort Lyttletou, Beaufort County, for the purpose of erecting 

1808, V, 576, §4. a fort. 

Fort Median- io. The lots or tracts of land whereon Fort Mechanic is erected, and 

ic, • narleston 

County. such other lots and parcels of land as may be considered necessary to 

1 3 ' ' '* 1# that establishment? so soon as they shall have been conveyed by 
Christopher Williman and William Holmes to the United Stat S, 
for all purposes necessary to the maintenance of a military post i 
Provided, however, That nothing in this cession shall be construed 
to prevent any process, civil or criminal, issuing from any of the Courts 
of this State, or any other competent authority, from being served or 
executed within the limits of the said lots or tracts of land so to be con- 
veyed by the said Christopher Williman and William Holmes to the 
United States: And provided, also, That nothing contained in this ces- 



• JURISDICTION OF STATE, &C. 5 

sion shall be so construed as to impair the rights and privileges vested 
iu the City Council of Charleston, under their charter of incorporation, 
who are hereby also authorized and empowered to relinquish their right 
of jurisdiction in and over the land aforesaid. 

11. O.ie hundred feet square of land, on Haddrell's Point, Charleston o n e h □ n - 
ity, (conveyed by Mrs. Rebecca Bee Barksdale, for the use of the Haddreii's 

United States, i for the purpose of erecting a beacon thereon: Provided, iJston coun- 
--•. That nothing contained herein shall be construed to exclude - y ... ^r- 
or prevent any process, civil or criminal, issuing from the Courts of this 
State, from being served or executed within the limits of the said ces- 
sion. 

12. One acre of land on Otter Island, in Colleton County, for a light- One acre on 

i <■ i , ■ -vt i -n «■ n n -i n Otter Island, 

house; one acre ot land on the JNorth side ot btation Lreek, near St. inCoiieton 
Helena Island, in Beaufort County, for the erection of a beacon-light ; acre on 's t a - 

and one acre of laud on Bob's Island, at the entrance of Scull Creek, in and one acre 
Beaufort County, for the erection of a beacon-light : Provided, That the land. in Beau- 
said lands, when purchased by, or vested in, the United States, and every t °' t ° U ' U V, - 

l,OJi \ X) 00>Jm 

person or officer residing or employed thereon, whether in the service of 
the United States or not, shall be subject and liable to the Government 
of this State, and the jurisdiction, laws and authority thereof, in the 
same manner as if this cession had never been made ; and that the United 
States shall exercise no more authority or power, within the limits of the 
said land, than they might have done previously to the cession thereof, 
or than may be necessary for the building, erection, repairing or internal 
government of the said light-house, and the regulation and management 
of the said light-house, and the said beacon-lights, that may be built 
and erected on the said lands, and of the officers and persons by them to 
be employed in and about the same. 

That the said lands shall be forever exempt from any taxes to be paid 
to this State. 

13. The lands, forts, fortifications and sites for the erection of forts on Sites on sui- 
Sullivan's Island, James' Island and Shute's Folly Island, in Charleston James' island 
County, as delineated in a plan of survey, made by Robert Q. Pinckney, Folly island, 
on the 17th November, 1846, under direction of commissioners ap- County. 
pointed under Resolution of 1845, which lands, sites, forts and fortifica- [^'■^ I - 
tions so ceded shall be exempt from any tax to be paid to this State : 
Provided, That all process, civil Dr criminal, issued under the authority 

of this State, or any officer thereof, shall, and may be, served and exe- 
cuted on any part of the lands and sites, forts and fortifications so ceded, 
and on any person or persons there being and implicated in matters of 
law: Arid provided, aho, That nothing herein contained shall be con- 
strued to interfere with the rights and property of the citizens, or so as 
to affect any of the streets, thoroughfares or public landings on the said 
islands. 

14. A lot on South Island, in Georgetown County, on the Southern a lot on south 

_. T . ._ „ ,.ii i-ii' i • Island, in 

edge of \\ myaw Entrance, for a light-house, which lot shall, during the Georgetown 
nuance of the said light-house, be exempt from any taxes to be lj47 -^ ui 
paid to this State: Provided, That the said lot, when purchased or 



6 JURISDICTION OF STATE, &C. 

vested in the United States, and every person and officer residing or em- 
ployed thereon, whether in the service of the United States or not, shall 
be subject and liable to the Government of this State, and the jurisdic- 
tion, laws and authority thereof, in the same manner as if this cession 
had never been made ; and that the United States shall exercise no more 
authority or power, within the limits of the said land, than they might 
have done previously to the cession thereof, or than may be necessary 
for the building, erection, repairing or internal government of the said 
light-house, and of the officers and persons by them to be employed in 
and about the same. 

in Charleston ^" ^ * ot ' not to excee ^ fi ve acres, in the city of Charleston, for the 
for a custom erection of a custom house; which lot, and the buildings erected thereon, 

House. _ ° * 

isi?, xi, 514. shall be exempt from any tax to be paid to this State: Provided, That 

all process, civil or criminal, issued under the authority of this State, or 

any officer thereof, shall and may be served and executed on any part of 

said land, and on any person or persons there being and implicated in 

matters of law. 

A site for 

light-house, Hi. A site on Morris Island, for a beacon or light-house — Charleston 

Morris Island. ° 

1853, xn, 295. County. 

site on Tho- 17. A site on Thomas' Island, for a beacon or light-house, 

mas' Island. ° ' 

~~ it^ County. 

i^fd'sonth 1^" Sites for three beacons, to be placed on or near North and South 
islands. Island Points, in the vicinity of Georgetown — Georgetown County. 

Ib. 

site on Cape 19. A site on Cape Island, on some point in the immediate vicinity of 
- the present light-house, on Cape Romain, for a light-house — Charleston 
County. 

site in char- 20. A site on the East Battery, in the city of Charleston, for a beacon 
lestonforhar- M t,„..-l^„ i:„u*. 
bor-iight. ° r harbor light. 

n>- None of the sites ceded in sub-divisions 16 to 20, inclusive, to exceed 

ten acres in any one case; nor shall such sites be used for any other pur- 
pose than the purposes specified ; and nothing shall exclude or prevent 
process, civil or criminal, issuing from the Courts of this State, from 
being served or executed within the limits of said cessions. 

Site for bea- 

witV chariot 21. A site for beacon to range with Charleston light-house. A site 
house 1 &^ ht * f° r a °- a 7 beacon for St. Helena Sound, Beaufort County. 

vii, 3io. 22. Two sites for two beacons, to serve as a range for Callabogue 
cons. * Sound, Beaufort County. 

23. A site for a light-house and beacon-light on the main land, at 
'. North Edisto, Charleston County. 

•_'b A site for a light-house and beacon-light on the North Point of 

Sit.- on Hunt- _ . T , , _ ° ~ 

tng island. Hunting Island, Beautort Uounty. 

1!. 

25. A site for a light-house and beacon-light, on or near Hilton Head, 

Site near Hil- 6 ° 

*<>■» Bead. Beaufort County- 

None of the sites ceded in sub-divisions 21 to 25, inclusive, to e- 
fii'ty acres in any one case ; the said sites shall be forever exempt from 



Island , 
lb. 



JURISDICTION OF STATE, A:C. 7 

any taxes to be paid to this State, and the same restrictions shall attach 
thereto as attach to the cession of a lot on South Island, by the proviso 
in sub-division 14 of this Section. The cession of said sites shall not be 
construed to authorize their use for any other purpose than the purposes 
specified, nor to exclude or prevent any process, civil or criminal, issuing ■ 
from the Courts of this State, from being served or executed within the 
limits of the same. 

26. A' site, restricted to fifty feet square, on South Battery, in the city Fifty feet on 
of Charleston, for a beacon or harbor-light, which shall be.forever ex- ry, ciiaries- 
empt from any taxes to be paid to this State; and shall be subject to the ~[i :ji xn 315 
same restrictions as attach to the cession of a lot on South Island, by the 

proviso in sub-division 14 of this Section. 

27. A site for a light-house, in or near Mount Pleasant, Charleston sue at Mt. 
harbor, not exceeding one acre. -^ r as:l "4 ; , 

' ° 1836,XII,S91. 

28. A site for a beacon-light at White Point, in the city of Charles- site at White 
ton, to be designated by the City Council of Charleston. Point. 

29. A site for a light-house on Fort Point, near Georgetown, not site at Fort 

t n ^ Point. 

exceeding twenty acres — Georgetown County. -^ 

30. A lot of land for a court house and offices connected therewith, for Lot of land 

the use of the United States Courts, or for any other purposes to which the "chartes ton 

Club House," 

-st, 



Government of the United States may think proper to apply it, viz : All in jieetin 
that lot, piece or parcel of land, with the buildings thereon, known as " The c ^_~ e.st on. 
Charleston Club House,'" situate, lying and being on the West side of § 1. ' 
Meeting street, in the city of Charleston, measuring and containing in 
front, on Meeting street, fifty-eight feet, more or less, by about two hun- 
dred and thirty-six feet in depth, more or less; bounding, North, on lands 
now or late of Wm. P. Greenland ; to the East, on Meeting street ; to the 
South, on lands of M. C. Mordecai ; and, to the West, on lands of the 
French Protestant Church: Provided, That all process, civil or criminal, 
issued under the authority of this State, or any officer thereof, shall and 
may be served and executed on any part of the said premises, and on 
any person or persons there being and implicated in any matter of law : 
And provided, always, That the said lot of land, and all the buildings 
and structures of every kind already thereon erected, or that may here- 
after be erected thereon, shall be absolutely and forever exempt from all 
taxes of the County of Charleston, and the corporation of the city of 
Charleston, and of the aforesaid State. 

31. A lot of land, for a post office and court house, and offices connected naif an acre 

. i n -1 p 1 tt • -i n c- i in Columbia, 

therewith, for the use of the United btates, or for any other purpose to corner Bieh- 

which the Government of the United States may think proper to apply it, Laurel sts. 

viz : All that lot, piece or parcel of land in the city of Columbia, situate, wm, xiv, 326, 

lying and being on the corner of the streets known as Eichardson street 

and Laurel street, measuring one hundred and four feet, more or less, on 

Eichardson street, and two hundred and eight feet, more or less, on 

Laurel street, anil containing one-half an acre, more or less; bounded, 

on the North, by Laurel street; on the East, by Eichardson street ; on the 



8 JURISDICTION OF STATE, 6cC. 

South, by lot formerly belonging to Charles Beck, and now held by Hugh 
Weir ; and, on the West, by lot formerly held by Robert N. Lewis, and, by 
his last will and testament, devised to Daniel B. Lewis, executor of said 
last will and testament of the said Robert N. Lewis : Provided, That all 
process, civil or criminal, issued under the authority of this State, or any 
officer thereof, shall and may be served and executed on any part of the 
said premises, and on any person or persons there being and implicated 
in auy matter of law: And provided, always, That the said lot of land, 
ami all the buildings and structures, of every kind, already thereon 
erected, or that may hereafter be erected thereon, shall be absolutely and 
forever exempt from all taxes of the County of Richland, and the cor- 
poration of the city of Columbia, and of the aforesaid State. 

Lana may be Sec. 4- That the United States, or such person or persons as may be by 
puxcbased by t] iem authorized, shall have a right to purchase, in any part of this State 
maraMnes 11 d *^ a * mSL ^ ^ e bought mos t eligible, the fee simple of any quantity of 
1795, v, 2uo, § i. land, not exceeding two thousand acres, for the purpose of erecting arse- 
nals and magazines thereon. 

cannot agree^ Sec. 5. That if the person or persons whose land may be chosen for 
,™j to e ^ a " the above mentioned purpose, should not be disposed to sell the same, or 
lb., § -2. if the persons appointed to make the purchase should not be able to 

agree upon terms with such owner or owners of the said land, the same 
shall be valued, upon oath, by a majority of persons to be appointed by 
the Court of Common Pleas of the County where such land is situated 
for that purpose.; and the land shall be vested in the United States, upon 
their paying the amount of such valuation to the owner or owners of 
such land. 

Concurrent Sec. 6. That the said land, when purchased, and every person and 
re t a i ned by officer residing or employed thereon, whether in the service of the United 

' ib 8 3 ~ States or not, shall be subject and liable to the government of this State, 

and the jurisdiction, laws and authority thereof; and that the United 
States shall exercise no more authority or power, within the limits of 
the said land, than they might have done before acquiring the same, or 
than may be necessary for the building, repairing, or internal govern- 
ment of the arsenals and magazines thereon to be erected, and the regu- 
lation and management of the same, and of the officers and persons by 
them to be employed in or about the same: Provided, always, That the 
said land shall for ever lie exempt from any taxes to be paid to this 
State. 

Jurisdiction Sec. 7. That the jurisdiction of the State of South Carolina is hereby 
ceded to i . s. . ■ . , 

ceded to the United States of America over so much land as shall be 

jurisdiction necessary for the public purposes of the United States: Provided, That 

Si after leant *h e jurisdiction hereby ceded shall not vest until the United States of 

and°to°be t conl America -hall have acquired the title to the lands, by grant or deed, from 

statefurisdrS tno " wner or owners thereof, and the evidences thereof shall have been 

no " recorded in the office, where, bv law, the title to such land is recorded ; 

§1. and the Uuited States ot America are to retain such jurisdiction so long 



LEGISLATURE. 



as such lands shall be used for the purposes iu this Section mentioned, 
aud no longer; and such jurisdiction is granted upon the express condi- 
tion that the State of South Carolina shall retain a concurrent jurisdic- 
tion with the United States in and over the said lands, so far as that 
civil process, in all cases not affecting the real or personal property of 
the United States, and such criminal or other process as shall issue, under 
the authority of the State of South Carolina, against any person or per- 
sons charged with crimes or misdemeanors committed within or without 
the limits of the said lands, may be executed therein, in the same way 
aud manner as if no jurisdiction had been hereby ceded. 

Sec. 8. That all the lands and tenements which may be granted, as Lands ex- 
aforesaid, to the United States, shall be and continue, so long as the state tax™ 

tion. 



same shall be used for the purposes in the last Section mentioned, exone- 
rated and discharged from all taxes, assessments and other charges which 
may be imposed under the authority of the State of South Carolina. 



Ib., 5311, § 2. 



CHAPTER II. 



Of the Legislature. 



Sec. 

1. Clerks of both Houses to furnish pay 

certificates to members, 

2. Pay certificates of members, by whom 

to be signed, 
o. Pay certificates of subordinates ; pro- 
viso. 



Sec. 

i. Treasurer to pay members and subor- 
dinates out of any moneys notoiher- 
wise appropriated. 

5. Per diem and mileage of members. 

6 Per diem of Lieutenant-Governor. 

7. Pay of Engrossing Clerks. 



to be signed. 

it>,§ sT 



Section 1. That the Clerks of the Senate and House of Representa- cierksofboth 
tives are authorized and directed to furnish to each member of their nish pay cer- 
respective bodies, a pay certificate for the amount of his mileage and members. t0 
per diem, to include such dates as the General Assembly shall, by con- 1S69, xiv, 3io, 
current resolution, direct. 

Sec 2. That such certificates shall conform to the provisions of Sec- pay certifi- 
tion 23, Article II, of the Constitution of the State, and shall be certi- bers,bywhqm 
tied by the President of the Senate, and attested by the Clerk of the 
Senate, for all members of that body, and by the Speaker of the House 
of Representatives, and by the Clerk of the same, for all members of 
that body. 

Sec 3. That the subordinate officers and employees of the General Pav certifl . 
Assembly shall, in like manner, be furnished with certificates of pay in ™^ a ° t j S 8U,) ' 
such amounts as shall be fixed by that branch of the General Assembly rb., §T. 
to which such officers and employees shall respectively belong : Provided, 
however, That the pay certificates for services common to the two Houses 
shall be signed by the President of the Senate, and countersigned by the 
Speaker of the House of Representatives. 
2 



Proviso. 



10 STATUTES. 

1 '•"■? t0 Sec. 4. That the Treasurer of this State is hereby authorized and di- 

pay meuil>er9 

una subordi- rected to pay said certificates out of any funds iu the Treasury not 

nates, Ac. ' J ■ 

lb., sit, §5; otherwise disposed of, and to hold the certificates as his vouchers there- 
is. C. Rep., IB. £ Qr 

"rvr diem & Sec. 5. Each member of the General Assembly shall receiye six dol- 
lera. lara per diem ^vhile in session ; and the further sum of twenty cents for 
constitution, ever y m ;i e f the ordinary route of travel in going to and returning from 
1870, xiv, 404. tjjg place w here such session is held. 

Per diem of 
Lieutenant- g EC . Q. The Lieutenant-Governor, while presiding over the Senate, 
Governor. i ° ' 

isu* xiv, 135, shall receive a per diem of ten dollars. 
§i. 

Pay of En- Sec. 7. Engrossing Clerks shall receive the same per diem as mem- 
i~»>;N-\ivi&r<I ^ ers °^ ^ e General Assembly. 



CHAPTER III. 
Of the Statutes. 



Sec. I Sec. 

1. Clerk of Senate and of House of Rep- ' 3. To deliver permanent work to State 

entatives to contract for publiea- Librarian, who shall distribute to 

tionof laws in newspapers ; contract persons entitled by law to receive 



to be approved by General Assem- 
bly. 

To provide for binding of Laws, 
Journals, &c. 



copies. 
1. State Treasurer to pay accounts for 

such work ; proviso. 
5. How Acts and Resolutions shall be 

distributed. 



cierk of Section 1. That the Clerk of the Senate and the Clerk of the House 
House of Rep- of Representatives are authorized to provide, by contract, for the 
to* en contra<!t publication, in such newspapers of the State as may by them be 
i?onofjaws C iu deemed necessary, of the Acts and Joint Resolutions of the General 
nc*>pap era. Assembly; and they are further authorized to provide, by contract, 
5L "' for the permanent and current printing of the General Assembly: 

Provided, That said contract be approved by the Senate and House of 

Representatives. 

to provide Sec. 2. That a sufficient number of the Journals, Reports and Acts of 
'.I'.Tu'r- the General Assembly, for the use of the members of the General As- 

'*- sembly, and for the State Librarian to make the exchanges with other 

States, be bound in a good and substantial manner ; and that the 
Clerk of the Senate and the Clerk of the House of Representatives 
are authorized to have the same done immediately upon the close 
of the session, or as soon thereafter as practicable. 



STATUTES. 11 

Sec. 3. That, on the completion of the permanent work, they shall To deliver 

■it i in t >i i i ii f ii .1 permanent J 

deliver the same to the state Librarian, who shall forward, by mail or work to state 
otherwise, as he may deem expedient, a copy thereof to each of the who shall 'dis- 
members of the General Assembly, and a copy of the Acts and Joint son's" entitled 
Resolutions to the different States, institutions and officers entitled by c'eiveTopies * 
law to receive the same. lb., § 3, 

amended. 

Sec. 4. That the State Treasurer is authorized and directed to j t . lte Tl . ea ,„. 
pay all accounts for said work, out of any moneys in the Treasury counts Pay for 
not otherwise appropriated : Provided, The Clerks of the respective sl,ch " ork - 
Houses shall first certify that said accounts are just and correct in "' b * 
all respects, and that the work has been performed in pursuance of con- Proviso. 
tract ; and that the amount mentioned in said accounts is due, and re- 
mains unpaid. 

Sec. 5. Copies of the Acts and Joint Resolutions shall be distributed now Acts 

.. and Resolu- 

as follows : iiona shall be 

1. To the Legislative Council of the Province of Quebec, Canada, one - ^ ena ^ 

Copy. Vol. 8, p. 648. 

2. To each Clerk of Court in the State, one copy. 

3. To each Judge of Probate, one copy. 

4. To the Supreme Court at Columbia, one copy. 

5. To each Trial Justice in the State, one copy. 

6. To the Library of the Legislature, one hundred and fifty copies. 

7. To the University of South Carolina, two copies. 

8. To the Charleston Library, two copies. 

9. To the Governor of each State of the Union, for the use of the 
State, one copy. 

10. To the Legislature of each State, one copy. 

11. To the Library of Congress, two copies. 

12. To heads of departments at Washington, for the use of their de- 
partments, one copy. 

13. To the Historical Society of Xew York, one copy. 

14. To the Athenseum, Philadelphia, one copy. 

15. To the Library of Harvard University, Cambridge, one copy. 

16. To the Yale College Library, one copy. 

17. To the Libraries of the University of Virginia and Alabama, one 
copy each. 

18. To the College at Athens, Ga., Princeton and Chapel Hill, N. C, 
one copy. 

19. To the Athenaeum, Boston, one copy. 

20. To the Committee of Public Records, London, one copy. 

21. To the London Museum, one copy. 

22. To the King's Library, in Paris, one copy. 

23. To the University Library at Heidelberg, one copy. 

24. To the Royal Library at Berlin, one copy. 

25. To the University Library at Gottengen, one copy. 



12 PUBLIC EEPORTS AND DOCUMENTS. 

CHAPTER IV. 

Of Public Reports and Documents. 



Sec. 

1. Persons having the distribution of 

the public money tnu>t report annu- 
ally to Comptroller Genera!. 

2. Public officers having evidences of 

indebtedness to the State must re- 
port to the Comptroller General 

3. Comptroller General to make report 

to General Assembly of all debts due 
the State. 

4. Secretary of State to report to Gene- 

ral Assembly all corporations formed 
under general corporation Act. 

5. Annual report of state Superintend- 

ent of Education ; what it shall con- 
tain. 

6. State Superintendent to consolidate 

reports of County Commissioners, 
and forward them'to General Asseni- 
biy. 

7. Annual report of Directors of the 

State Penitentiary. 

8. Annual report of Attorney-General. 

9. Annual report of Eegents of the Lu- 



Sec 

11. Accounts of Treasurer to be exam- 

ined in November and December, 
annually, by Joint Committee 01 
Senate and House. 

12. Duties of Committee, and report 

13. Trustees of State Orphan Asylum to 

make annual report. 

14. Report of Commissioner of Bureau 

of Agricultural Statistics. 

15. Commissioner to report census to 

Governor and General Assembly. 

16. Land Commissioner to make annual 

report. 

17. Financial Agent of State, in New 

York, to make quarterly report to 
Comptroller General. 

18. Commissioners of Sinking Fund to 

make annual report. 

19. Trustees of estate of Dr. John De La 

Howe to report annually. 

20. County Commissioners to report in 



natic Asyium. detail annually ; penalty. 

10. Commissioners of the Deaf and Dumb 21. Health officers to keep records, and 
and the Blind to report annually. 1 report monthly. 

To render an Section 1. All persons having the distribution of public money shall 
nuaiiy. annually, on the last day of October in each and every year, render to 

1834, vi, 612, §4 the Comptroller General an account setting forth the funds committed 
to them, respectively, and the disbursement of them. 

Sec 2. All public officers having in their possession the evidence of 

cers having any debt due to the State shall, on the last day of October in every 

ss year, furnish the Comptroller General with a statement of all debts due 

must report to the State in their possession, showing the names of the debtors, the 

ler General?" amounts of the debts, the interest, the payments made, and the balance 

1818, vi, ios, c l ue to the State. And in case of failure on the part of auy public offi- 
§ li. ■ 

cer to furnish the Comptroller with the statement aforesaid, he shall for- 
feit and pay the sum of two hundred dollars, to be recovered in any 
Court having competent jurisdiction. 

Comptroller o I J 

'•' neral to 

make report Sec, 3. And the Comptroller General shall make a statement of all 

era! A<- l 

sembiv of an debts due the State, and lav it before the General Assembly with his 

- due the J J 

state. annual report. 

Ib. 

to' y re- Sec. 4. The Secretary of State shall annually prepare, cause to be 
Ku^ssembiy printed, and, on the fourth Tuesday in November, submit to the Geue- 
i'ions C 'folm ed ra ' Assembly, a true abstract from the certificates deposited with him by 
rai' U 'corporal corporations formed under the law regulating the formation of corpora- 
lion Act tions. 

XIV, 300, 

raal re- Sec 5. That the State Superintendent of Education shall make a re- 
:. port, through the Governor, to the General Assembly, at each regular 
'• session thereof, showing : 

1870, \1\ , 842, 

1st. The number of persons between the ages of six (6) and sixt.cn 



PUBLIC REPORTS AND DOCUMENTS. 13 

(16) years, inclusive, residing in the State on the first day of the last c ^Ji5ji* sl aU 
preceding October. 

2d. The number of such persons in each County. 

3d. The number of each sex. 

4th. The number of white. 

5tbt The number of colored. 

6th. The whole number of persons that attended the free common 
schools of the State during the year ending the thirtieth day of the last 
preceding September, and the number in each County that attended du- 
ring the same period. 

7th. The number of whites of each sex that attended, and the number 
of colored of each sex that attended the said schools. 

8th. The number of common schools in the State. 

9th. The number of pupils that studied each of the branches taught. 

10th. The average wages paid to teachers of each sex. 

11th. The number of school houses erected during the year, and the 
location, material and cost thereof. 

12th. The number previously erected, the material of their construc- 
tion, their condition and value, and the number with their grounds en- 
closed. 

13th. The Counties in which teachers' institutes were held, and the 
number that attended the institutes in each County. 

11th. Such other statistical information as he may deem important, to- 
gether with such plans as he may have matured, and the State Board 
of Education may have recommended for the management and improve- 
ment of the school fund, and for the more perfect organization and effi- 
ciency of the common schools. 

loth. A statement of his official visits during the year. super- 

intendent to 

Sec. 6. That it shall be the duty of the State Superintendent of Edu- reports of 

cation to consolidate the reports received from the County School Com- raissioners & 

missioners, and to forward them to the General Assembly at its next to ' General 

. . Assembly. 

regular session. [iesTxivTai; 

§6. 

Sec. 7. The Directors of the State Penitentiary shall make an annual Directors of 
report to the Governor, on or before the first day of November in each to make re- 
year, of the state and condition of the prison, the convicts confined before' Gene- 
therein, of the money expended and received, and, generally, of all ia 1Sh V\ i'v r, 
the proceedings during the last year, to be laid before the General As- § 13 > Sub - 9 - 
sembly. 

Sec. 8. The Attorney General shall, annually, make a report to the 
General Assembly of the cases argued, tried or conducted by him in the port'of Attor- 
Supreme Court and Circuit Courts during the preceding year, with such "t y .,, v' f ^T^ 
other information in relation to the criminal laws, and such observation § 8. 
and statements as, in his opinion, the criminal jurisdiction and the proper 
and economical administration of the criminal law warrant and require. 



11 PUBLIC EEPOETS AND DOCUMENTS. 

Annual re- Sec. 9. That it shall be the duty of the Regents of the Lunatic Asy- 
genta of Lu- luni to report annually to the Legislature the state and condition of the 

iot vi 323 institution, fiilly and particularly ; and they shall also annually report 
§ 4 to the Comptroller General the amount of income of said institution, 

and the amount of expenditures, and the items thereof. 

Comm'ra of g EC io. That the Commissioners of the Deaf and Dumb and the Blind 

the Ileat and 

Dumb ana the shall annually report to the Legislature an exact statement of their various 

Blind to re- J 1 ° 

port annually proceedings during the past year, shewing precisely how they disbursed 

latino. _ the money expended, the names of the persons who have received the 
r/'xiv' bounty, the ages and places of residence of such persons, and informa- 
tion as to their progress; which statement shall be accompanied by 
the vouchers of all sums exjiended. 

.Accounts of 

Treasurer to Sec. 11. The accounts of the Treasurer of the State shall be, annually. 
in November closed on the thirtieth day of October, and shall be examined dining the 
ber. annually, months of November and December, in each year, by a Joint Committee, 
niitteeof senl consisting of one member of the Senate and two of the House of Repre- 
imii fit sentatives, to be appointed by a concurrent resolution of the two Houses 
of the General Assembly, at the session previous to said time of exami- 
nation in each year. 

Duties of Sec. 12. Such Committee shall examine the accounts, the vouchers re- 
report. ~ lating to all moneys received into and paid out of the Treasury during 



lb. §6. the vear ending on the thirtieth of October preceding such examination, 

and shall certify and report to the General Assembly, at its next session 
after the said thirtieth day of October, the amount of moneys received 
into the Treasury during such year; the amount of moneys paid out of 
it during the same period, by virtue of warrants drawn on the Treasury 
by the Comptroller General, or any other officer; the amount of moneys 
received by the Treasurer who shall then be in office at the time of such 
examination, when he entered upon the execution of the duties of his 
office; and the balance in the Treasury on the thirtieth day of Septem- 
ber preceding such examination. 

Trustees of Sec. 13. The Trustees of the State Orphan Asylum shall, on or before 
Asylum to the fourth Tuesday of November in each year, report to the General As- 
report. _ senibly, through the Governor, a detailed statement of all their doings, 
]-• • mv, 171, i uc l u ,li n g the expenditure of moneys, the number, age and sex of the 
children, the number of admissions and deaths during the year, the num- 
ber of children who have left the Asylum, and the place to which they 
have gone, and such other information as it may be in their power to 
give. 

CommLver of Sec. 14. That the Commissioner of the Bureau of Agricultural Sta- 
ricoifnrai tistics shall make a report of his proceedings, and a special report on 
M; '"~',"' J railroad- and telegraphs, to the Governor of the State, annually, or as 

IMS, XIV, 119, c ■ 

5 7- often as he may require. 



PUBLIC REPORTS AXD DOCUMENTS, 15 

Sec. 15. When the census takers shall have made returns, the Com- Comm'er to 

missioner shall forthwith report the results of such registration to the to Governor 
Governor of the State for the time being, and shall make a collated re- Assembly. ra 
turn of the statistics to the General Assembly, at its nest regular ses- fS 9 < xlv < 230 > 
siou. 

Land Coni- 

Sec. 16. That the Laud Commissioner shall annually make a detailed make annual 

report of the transactions of his office to the General Assembly. ]. ■., ^y 2 76 

5.' ' " ' 

Sec. 17. That the Financial Agent of the State of South Carolina, in Financial 

the city of New York, is directed to make and forward to the Comp- in 8 New York 

troller General of the State a report of his transactions, quarterly, ter^'report 

•which report the Comptroller General is hereby directed to include with i°r General 01 " 

his annual report to the General Assembly. 1S69, xfv, 25$, 

§ 3. 

Sec. 18. The Commissioners of the Sinking Fund shall annually re- Commissipn- 

° J ers oi .sinking 

port to the General Assembly the condition of the Sinking Fund, and all Fundtomake 

1 J ° annual report 

sales or other transactions connected therewith. ^70, xiv, 3ss, 

§ 3. 

Sec. 19. It shall be the duty of the Board of Trustees of the estate of Trustees of 
Dr. John De La Howe to cause to be kept a regular record of all their fn n ' u te j5| ^a 
proceedings, and annually to transmit to the Legislature a faithful tran- p"« annuaiiv" 
script from the said record, for the year preceding, accompanied by a to Le gislatur e 
copy of the last return made by them to the Judge of Probate, and by j 7." ' 
an exhibit, showing the precise situation of the estate on the first Monday 
in February and the first Monday in November next preceding. 

Sec. 20. That the County Commissioners of each County shall, on or County Com. 
J rf missloxiers to 

before the fifteenth of December, in each year, report to the General As- report to 1 

ii>i 1 ii 1 ■ . r, . , , islature,in de- 

sembly all accounts chargeable to their respective Counties; what have tail. annually; 

i />ii penalty. 

been allowed and settled ; the number and amount of orders drawn upon 1S71 XIV 60T ^ 
the County Treasurer; the taxes levied and collected; the amount ex- 
pended for rebuilding or repairing Court House, Jail, Poor House and 
Bridges ; in fact, a detailed account of all their doings, as required by 
law. And, upon failure so to report, they shall be fined in a sum not 
less than fifty, nor more than two hundred dollars. 

Sec. 21. The Health Officers at Georgetown, Charleston and Hilton Health om- 

.ill Cers 10 keep 

Head shall keep a faithful record of all their doings required by law, records, ami 
1 1/^1 11.11. report month- 
and report the same to the Governor, at the end of each month. ly. 

1 868, XIV, 117, 
§ 29. 



16 -TVTE LIBRARY AND OTHFE PUBLIC PROPERTY. 

CHAPTER V. 
Of the State Library and other Public Property. 

Sec. I Sec. 

1. Annual appropriation for Public Li- 4. Comptroller General to insure College 

brary. Buildings at Columbia. 

•2. Commissioners of Sinking Fund estab- 5 Attorney General to prosecute persons 
lished. who intrude upon property of State. 

3. Duties of Commissioners. 

Annual ap- Section 1. That the sum of five hundred dollars be annually appro- 

propnation - 1 l 

for Public Li- priated for the purchase of a library for the use of the members of the 
brary. . 

1M4 v 724 §i. Senate and House of Representatives of this State. 

Commission- Sec. 2. For the purpose of paying the present indebtedness of the 
Fuii'.'i 'estaiX State, and the interest thereon, and such further indebtedness as may 
^ e " hereafter be contracted by the State, the Governor, the Comptroller- ' 

§ 1- General and the Attorney General of the State, the Chairman of the Fi- 

nance Committee of the Senate, and the Chairman of the Committee of 
Ways and Means of the House of Representatives, are hereby constitu- 
ted Commissioners, to be known and designated as "The Commissioners 
of the Sinking Fund," to receive and manage the incomes and revenues 
hereafter set apart and applied to the Sinking Fund of the State. 

Duties of ^ EC- ^" •^ n ^ '* s ^ ia ^ ^ e tne ^ ut y °f sa '^ Commissioners to sell and 
Commis'rs of convey, for and on behalf of the State, all such real or personal prop- 

Smkmglund •" r 1 1 

ib., § 2. erty, assets and effects belonging to the State as is not in actual public 
use, said sales to be made from time to time, in such manner, and upon 
such terms, as they may deem most advantageous to the State. The pro- 
ceeds of all such sales shall be set aside, and awarded to the Sinking 
Fund of the State. This Act shall not be construed to authorize the 
sale by the Commissioners of any property held in trust for a specific 
purpose by the State, or the property of the State in the phosphate 
rocks, or phosphatic deposits in the beds of the navigable streams and 
■waters of the State. 

General to in- Sec. 4. That the Comptroller General shall be, and he is hereby, au- 
buikiin"s 6 at thorized and required, annually, to insure against fire the college build- 
! "'?i'- - ings at Columbia. 

1819, VI, 139, ° 
§15. 

Attorney ^ EC " "*■ ^ ne Attorney General may, when, in his judgment, the inter- 
m-o"ecute l ° es ^ °^ tn ^ State requires it, file and prosecute informations or other pro- 
n'ltni'i'e i"o° cess a g aras ' persons who intrude upon the lands, rights or property of 

■ "y of the ^ftate, or commit or erect any nuisance thereon. 

X 1 V ,^88j 



VACANT LANDS. 



17 



CHAPTER VI. 



Of Vacant Lands, and the Granting Thereof. 



S Ixm'J Island. 

1 Citizens of the state tnav build on 
Sullivan'- Island ; allowed hall 
of land ; to pay one penny annual 
rent. 

2. Owners of lots yearly tenants ; to 

give up same when demanded by 
Governor: may remove buildings. 
Titles assignable as estates for yi 

3. No right obtainable, except by build- 

ing dwelling house. Lot vacant, if 
not built on within a year. 

4. Manner of building regulated j build- 

ings, how removed. 

0/ Certain Lands in CharlestonaTid 
Beaufort. 

5. Vacant land in Charleston harbor 

covered by "water vested in said 
city. 

6. Lan'd in front of certain streets in 

Beaufort vested in said town. 

7. Wharves only to be built on lots op. 

posite suth streets. 

Granting of Vacant /.- 

S. Granted to citizens paying fees of 

office. 
9. Clerks of Courts to be Commission- 
- of Locations ; their duties. 

10 secretary of State to mate plats of 

land surveyed, and keep record of 
plats and grants ; grants to be signed 
by Governor. 

11 Judges to decide in eases of fraodand 

collusion, and certify decision to 
Governor. 
12. Depnty surveyors to be appointed, 
not exceeding six in each County. 



Sec 

13. Totake oath : to locate warrants, and 

return plat- within three months. 

14. T" - In-bearers. 

15. Laying oil lands on navigable streams. 
Deputy Surveyors not following in- 
structions to'be prosecnted. 

17. Grant of surveyed lands to be ob- 
tained in six months. 

Is. (.rants not to he delivered until pur- 
chase money is paid. 

19. Concerning land over-measured in 

former grants. 

20. Secretary of State, Commissioners of 

Locations, &c.,not allowed to take up 
elapsed grants : penalties. 

21. Grants for Sullivan's Island, &c, 

void. 

Deputy Surveyors' Instructions. 

22. Rules for Deputy surveyors — 1. To 

have warrant. 2. Measuring lines ; 
to insert runs, roads, swamps, &c, 
in survey. 3. Making out plat- 4 
These instructions to govern : of 
"warrants, o Elapsed grants. 6. Not 
to encompass lands before surveyed. 
7. Re-surveying granted lands ; how 
to act in case of dissent among par- 
ties; variation of lines 8. Survey 
where lines are obliterated. 9. Sur- 
vey for new grant. 10. Not to survey 
lands reserved to publio ftc. 11. 
Running lines. 12. Locating lands. 
13 Instruments. 14. Chain. 15. Plot- 
ting, lfi. Conduct 17. Scale of plat. 
IS. One station to each line. 

Ikes for Surveying and Granting Lands. 

23. Fees : Of Secretary of State ; Deputy 

Surveyors ; commissioners of Loca- 
tions. 



Sullivan's Island. 



Sec. 1. That such of the citizens of this State as may think it benefi- 
cial to their health to reside on Sullivan's Island during the summer 
season, have liberty to build on the said island a dwelling and out houses 
tor their accommodation ; and the person or persons so building shall 
have the exclusive right to the same, and one-half acre of laud adjoin- 
ing thereto, as long as he, she or they may require, for the purposes 
aforesaid: Provided, The person or persons building, as aforesaid, pay to 
the Treasurer one penny annually, if required, for the use of the said 
land. 



Citizens of 
the State may 
build on Sulli- 
van's Island. 

Allowed half 
acre of land. 

To pay one 
penny annual 
rent. 

Joint Reso- 
lution, 1791,S4. 



Sec 2. That the present owners of lots on Sullivan's Island, whereon 
dwelling houses have been erected, and such citizens of this State as may 
hereafter build dwelling houses upon the said island, under the license 
granted by the preceding Section, shall be taken and deemed to have, 
and shall enjoy the same rights, titles and interests, as tenants from year 
to year, in and to the lots now owned by them, respectively ; upon condi- 
tion, nevertheless, that they shall deliver up the same when demanded 
by the Governor of this State for the time being — he, she or they having 
the liberty of removing the buildings which are now, or may hereafter 
3 



Owners of 
lots yearly 
tenants. 

To give up 
same when 
demanded by 
Governor. 
May remove 
buildings. 

Titles as- 
signable as es- 
tate s for 
years. 

1-57. Nil. 609. 
12 Rich., 564. 



18 VACANT LANDS. 

be, erected on said lots. And the titles thereto shall be assignable, 
transferable, transmissible and distributable, as estates for years now are, 
or hereafter may be, by the laws of this State ; and the said owners shall 
have, take and enjoy, and be entitled to use and employ all actions, suits 
and remedies, for securing their quiet and peaceable possession and en- 
joyment of their said lots, and restitution and redress for any trespass, 
ouster or injury, which they may suffer, or may be committed upon 
them, as tenants for years now have, or are entitled to. 

No right ob. Sec. 3. That no exclusive right to a lot on the said island shall be 
cent by buna- obtained by any citizen otherwise than by his actually building a dwelling 
bouse house thereon; and if such dwelling house shall be removed or destroyed, 

ifnotbuiiton the owner thereof shall have the exclusive right to rebuild on the same 
"'^'"'^j 5 ^^ lot for one year thereafter; and if no dwelling house be built by him 
§ 4 - within that period, such lot shall again be considered as vacant. 



Manner 
building 
ulated. 



of Sec. 4. That hereafter no person shall erect, or cause to be erected, 

3 " more than one dwelling house on each half acre lot in the town of Moul- 

trieville, on Sullivan's Island; and if any person shall build, or attempt 

to build, such a dwelling house, such person may be compelled to desist 

„ ., , . from such building, and to remove the same, by the Court of Common 

Buildings, b ' J 

ho« removed Pleas; and it shall be lawful for the Intendant or any one of the Wardens 
*- . I .§ • f tne ga ; c [ t 0WQ) to execute such order, under the direction of the Sheriff 
of the County or his lawful Deputy. 

Of Certain Lands in Charleston and Beaufort. 

vacant land Sec. 5. That all vacant land, not legally vested in individuals, in the 
harbor, cover- harbor of Charleston, covered by water, be, and the same is hereby, 
vestc ''i iulaki vested in the city of Charleston, for public purposes, but not to be so 
"i y j - irrr ici use d or disposed of as to obstruct or injure the navigation of said liar- 
§ *■ bor. 

Land in front Sec. 6. That all the land lying directly and immediately in front of 
streets" in tne streets, in the town of Beaufort, which run Northwardly and South- 
vested insaui wardly, and which extend to Bay street, down to the channel of 
lown : the river lying in front of the said town, whether the same be covered 

|<7QQ VT o); e i ml o ' 

' ' with the waters of the said river or not, shall, forever hereafter, 
be considered as the property of, and belonging to, the said town, 
and shall never be granted by any Governor of this State, or be other- 
wise vested in any individual or individuals, or any body corporate, un- 
less it be by an Act of the Legislature passed for that purpose. And 
every grant which may, at any time hereafter, be obtained for any part 
of the said land, shall be ipso facto void. 

Wharves only Sec. 7. That such persons as may have obtained a right to any lots 

lots opposite opposite the said streets, in the said town of Beaufort, previous to the 

"''' ~'"'' 19 - 21st day of December. 1798, shall be restricted, forever, from erecting 

Imio, \ , 882. J . 

any buildings thereon ; and shall be, and arc hereby, confined to making 



VACANT LAND?. 19 

no other improvements thereon than wharves, so as to leave the heads of 
said streets open and unobstructed. 

Granting of Vacant Lands. 

Sec. 8. That all vacant lands shall be granted to any citizens apply- r .^u™n' e 'piT° 
ing for the same, on paying the fees of office, in the manner and form, j"s fees of of- 
aud under the several regulations and restrictions, hereafter mentioned. r>i.v i6«, si; 

17S4. IV,590,§ 1: 
Sep lfiM, II. 79; 1696, II. 99, I 4: lb.. 101, 5 15; 1731. Ill, 292, § 7: 295, 5 13; 1714, III, 635, § 6: 1818, 
VI, 1C5, j 2; 2 AleC, 354; 2 Bail., 101; Ride's Digest, Tit. "Escheat." 

Sec. 9. The Clerks of the Courts of Common Pleas and General Ses- clerks of 
Bions, in each County, shall be, ex officio, Commissioner of Locations in commission'- 
such County; and shall take and receive the original entry of all vacant uon. 
lands lying and being within the same, for which a warrant of survey i"J?' XI > 116 < 
shall be demanded, and shall, thereupon, issue such warrant of survey, 
directed to some Deputy Surveyor, authorizing and requiring him, within 
two calendar months from the date of such warrant, to lay off and locate 
the lands directed to be surveyed; which said warrant, when executed, 
together with a true and correct plat of the suuvey, shall be received by Their dut ies, 
the said Commissioner, who shall make a fair record of the same, and, in. & Meaj 
within three months at'cer such return, shall transmit the original plat to 
the office of the Secretary of State for the time being, when the same 
shall be delivered. 

Sec. 10. That the Secretary of State, on the return of the entry and Sec of state 
plat of survey to his office from the office of Commissioner of Locations, ^ "Yam! P sni> 
shall make out a plat of the lands surveyed, as aforesaid, and shall cause Jlep' 1 ' re eord 
a grant to be prepared for the same, and the Great Seal of the State to be °r a £j? ts and 
affixed thereto, and shall, within three months thereafter, cause a fail- 
record of all such grants to be made and kept in his said office, with sisneri'iiy'the 

Governor. 



345. 



alphabetical indexes; and, on the first Monday of every month, the said -°™ 



1868,XIV,135, 

Secretary of State shall lay before His Excellency the Governor for the jji_;i784ii 

time being all such grants by him prepared, as aforesaid, who is hereby }2-'n8o,'i\,70ii' l 
,,,.,,. , ! i it , Mi Constitn- 

empowered and directed to sign the same, and thereupon deliver them tion.Art. 3, §19 

to the said Secretary of State, to be delivered to the respective grantees, 
or to their order. 

Sec. 11. That, in all cases, previous to the signing of the said grants, jTldges to de _ 
where there shall appear to be any fraud or collusion in the progress of of 1 fraad C ami 
the said entry, warrant and survey, the Judges of the Court of Common ™rt?fy° n <iee£ 
Pleas, in their respective Circuit-, shall have full power aud authority to sionto Gover- 
cause all parties to appear before them, and, without delay, in a sum- j>4 iv.^i.'^T: 
marv manner, decide in such as to justice and equity shall appertain. i:.,'i',' vn. ffi, 
And, when the ease is finally determined, the Judges shall certify the ^i Bri 
same to the Governor or Commander-in-Chief for the time being, who Harper, ' 1 m\ 
shall sign the grant accordingly. Kich., 91/ ' 

Sec. 12. The Secretary of State shall have full power and authority to 
appoint such and so many Deputy Surveyors in each of the said Counties 



20 VACANT LANDS. 

Deputy sur- as he may judge sufficient, not exceeding six for each County, for exe- 
appolnted, cuting all such warrants of survey as shall be to them directed by the 
Ing six° e ' in" respective Commissioners of Locations, for whose conduct in office the 
C - aell T J?-" n t -^ said Secretary of State shall be responsible, both to the State and to the 

l.st, TV,o91,§7. J * 

iBrev.,30. party grieved. 

To take oath. Sec. 13. That the said Deputy Surveyors of the respective Counties 
shall take the same oath or affirmation of office on their appointment, 
and in the same manner, as is prescribed to be taken by the Commission- 
To locate war- ers °^ Locations, before they shall be qualified to locate any warrant of 
rants and re- SU rvey, under the penalty of beiug forever disabled to act in the said 
three months, office, and shall, also, within three calendar months from the date and 
delivery of all warrants of survey to them directed, well and faithfully 
locate and survey the same, and return a fair and correct plat thereof to 
the office of Commissioner of Locations, from whence the same had 
issued. 

To swear Sec. 14. The said Deputy Surveyors are hereby required, authorized 
chain beavers , . . „ , . . 

lb and empowered to administer the following oath to the chain-carriers, to 

wit: "I, A B, do solemnly swear [or affirm] that I will well and truly 
execute the employment of chain-carrier, without favor or affection." 

I- •■ " off ^ EC " 1^" That on all creeks or rivers, navigable for shipping or boats, 
lai w s " t ".". a "; whereon any vacant lauds shall lie, the Deputy Surveyors shall, and they 
lb , 592, i 12. are hereby directed to, lay off the same by measuring four chain back 
from such river and creek for every one fronting on and bounded by the 
same; and all surveys not made and regulated by this rule, and any 
grants which may be obtained thereupon, are hereby declared to be null 
and void, to all intents and purposes. 

ve 1 yor" ty not Sec. 16. That every Surveyor who shall wilfully and knowingly vio- 
struetions To ^ a ^ e the instructions of the Secretary of State in not marking out the 
b Aitered Ut to boundaries of all lands formerly granted, and which are within the sur- 
m -os et 'r 1 e W ve y s by him or them made, shall be prosecuted by the Attorney General 
1794, v, 235, 1 4. and Circuit Solicitors of the respective Counties, on proper application 
being made to either of them. 

Grant of Sec. 17. That a person making a survey of land shall be allowed six 

fand W %e months, from the time of making such survey, to obtain a grant for the 

si'x a moiiths. m said land ; and, in default of obtaining a grant within that time, any 

1785, lv,7io, 1 4. person may, at the expiration thereof, apply for, and shall obtain, a 

grant for the said land, on paying for it; and any grant obtained for 

land within six months from the time of its being surveyed, (except by 

the person for whom it was surveyed,) shall be ipso facto null and void. 

be^deTivOTea Seo - 18 - That no grants already obtained shall be delivered by the 

(Vrlil-'moiie" Secretary to the owner thereof, until the purchase money be paid into 

•~ i ,: " ■'■ the public treasury; and that all grants, hereafter to be obtained, .shall 

, ,, \ , 39 :;, lie deemed forfeited to the State, it the purchase money be not paid 

within six months after the passing of the said giants ; and the lauds .-hall 



1731,111,303, §31 



VACANT LANDS. 21 

be granted to any person or persons who shall apply for the same, and 
fulfill the conditions on which the said lands were to have been origi- 
nally granted. 

Sec. 19. That if, upon any survey hereafter to be made of any per- concerning 
son's lands, it shall appear that there are more acres of land contained measureci V ln 
within the bounds of his plot, or the marked trees or stakes specified in c 
the said plot, than is expressed in the grant or deed by which any per- 
son holds the same, that then the person claiming such overplus, as be- 
ing contained, or supposed to be contained, within the bounds of his plot 
or marked trees, shall be preferred to a new grant thereof before any 
other person whatsoever. 

Sec. -20. It shall not be lawful for the Secretary of State, the Commis- secretary of 

sioners of Locations, nor the clerks in the Secretary's office, to take up missi'oners of 

any elapsed grant, or run out, either directly or indirectly, in his or their & c ., not ail 

• ,i o ,i lowed to take 

own name or names, or in the name or names of any other person or up elapsed 

persons, for his or their use or uses, any lands now vacant within s 1 *" 113 - 

this State, without being subject and liable to the penalty of one thou- P enalties . 

sand dollars, to be recovered in any court of record in this State ; the Iggfxi a: |y\ 
one-half to the use of this State, and the other half to the use of the in- 
former or person suing for the same ; and he or they shall, also, be dis- 
charged from his or their respective offices, and forever rendered incapa- 
ble of holding any office of trust or emolument in this State. 

Sec. 21. That every grant of land which has been obtained since the Grants for 
twenty-first day of March, one thousand seven hundred and eighty- |Sd l &e n 'vofd! 
four, or which may hereafter be obtained, for Sullivan's Island, Middle its?, v, 39, ? 7. 
Bay Island, commonly called the Light-house Island, or any other lands 
whatever, which have been, or are now, appropriated for any particular 
public purposes, shall be deemed and held null and void. 

Deputy Surveyors' Instructions. 

Sec. 22. The rules for the guidance of Deputy Surveyors, in survey- Rules for 
ing vacant lands, shall be as follows : veyors 

Xote, Vol. IV, 

To ■ : P- res- 

ist You shall not survey vacant land for any person who has not to nave war- 
first obtained a warrant from the Commissioner of Locations of the lant- 
County. 

2d. In all your surveys, you are to measure the whole of the lines, un- j, Iea9ul . in „ 
less prevented by such obstructions as may endanger health; the figure lines - 
of which you are to express on the plat, in the most explanatory manner, 
blazing the lines and making a sufficient number of stations on each line, 

t 

marked on the outside and corner tree or stake, at each angle 



mentioning those made by you, neu; and those you find in the field, old ; 



plats. 



struct ions to 
govern 



22 VACANT LANDS. 

and no corner or station is to be inserted by you, unless seen or made by 

you; except such as are expressed on the bounding line in the authentic 

To insert P' a ' °? tne adjacent land; and that you verily believe thera to be in the 

Twul, is"''\t! s h c 'l f l ; a ' s0 > vou are t° insert, in their proper places, all runs of water, 

in survey. roads, or other durable marks, which the line crosses; and all swamps, 

ponds, clear fields, and houses, if any there be, in the body of the tract, 

and the names of the persons claiming such lands, fields, or houses. 

Making out 3d. All plats made out by you are to be just and true in the quantity 
contained, figure, courses, stations, marks and boundaries, to the best of 
your knowledge ; plats of 100 acres, or under, to be laid clown by a scale 
of ten chains per inch; all above 100 acres, by a scale of twenty chains; 
which scale you are to lay down or mention on the margin of the plats. 
You are to put clown on each line the course and distance — you are to 
date your surveys on the day they are finished; and not to certify sur- 
veys performed by any other person. 

These in- 4th. The Commissioners of Locations have a right to direct such war- 
rants to the Deputy Surveyors as the nature of the case may require; 
but the Deputy Surveyor is not bound to pay any obedience to any 
directions therein contained which are repugnant to these instructions ; 
and all warrants are to bear date the day they are delivered out of the 
location offices. Any warrants delivered to any of the Deputy Survey- 
ors, without a date, or any other part blank, are to be immediately re- 
turned to the owners, to have the blank filled up in the office from which 
it issued, and bear date on that day. Any Deputy Surveyor filling up 
any part of a warrant which is, or may be, left blank by the Commis- 
sioner of Locations, is hereby declared guilty of a violation of these in- 
structions, and shall, in consequence thereof, be dismissed from the office. 

Eiapsea '^ tn - Lands which have been heretofore surveyed, and remain elapsable 
grants. j n either of the location offices, or Secretary of State's office, are not to 

be surveyed a second time, until a certificate is obtained from the office 
(in which they then are) of their being elapsable, and a warrant ob- 
tained from the office in the County where the land lies; which warrant 
shall expressly mention the land on which it is to be laid out, and that 
it has been formerly surveyed, and for whom. 

Not to en- 6th. You are not to encompass wholly, or in part, any heretofore sur- 
?am"' 'before veyed lands, claimed by any other person or persons than those you are 
Burveyed. surve ying for. 

Resurveying 7th. When you are called on to re-survey granted lands, the original 

granted lands „ rant j s y 0Ur sufficient warrant; but, if the line or lines are party lines, 

and are boundaries to other tracts, then you are to summon all parties 

to attend with their plats and grants, and to have their joint concurrence 

in your going on with the survey — if any dissention should arise between 

the parties, you must not proceed without an order from the Judge 

now to act of the Court of Common Pleas, directed to you for the express pur- 

m^m'' among pose ; and, on receiving said order, you are to attend, first, to the 

parties. course and marks of the prior grant; and, should they differ from the 

course mentioned, you are to regulate your course by the stationed trees, 



Of warrants. 



VACANT LANDS. 23 

and other marks, and fix the prior line thereby, fallowing what varia- 
tion you find,) which will be the proper bounds of both tracts; but, 
should the two tracts run in such a manner as to form an angle between, 
and the marks on each appear plain, corresponding with each plat, that 

angle will be vacant, and each tract will be limited by its own lines, not- variation of 

• ii-ii • i • i i x lines, 

withstanding the subsequent mentions the prior as a boundary, in re- 
surveys, when lines vary from their original course, you are (where the 
marks are wanting) to continue the same variation throughout, in such 
tracts as were bounded on all sides by vacant land at the time of the 
original survey; but, where tiny have been bounded on different sur- 
veys, you are to allow, on each line, the variation of the lines of the 
tract on which the line bounded. 

8th. When you are called on to survey lands where the lines are en- Surveywhere 
tirely obliterated, then you are to have recourse to the boundaries, which, nterateu. 
when fixed, will form the lines of said lands; but, if the boundaries were 
vacant at the time of the original survey of said lauds, then you are to 
have recourse to such lauds as bound upon it, whose courses correspond 
with the lines of sai 1 tract, allowing such variation a- appears to have 
proceeded from time. When that allowance is not sufficiently made, you 
will find the original line on your left hand, in all cases, except where a 
variation happens which is occasioned by a bail instrument ; but, when 
the allowance is judiciously attended to, you will find your present course 
and the original line to agree. 

9th. Should any person wish you to survey lands, for the purpose of c uive v for 
obtaining a new grant for the same, you will be particular to mention, in ne "~ = raut - 
your certificate, that the land was formerly granted, and that the survey 
you then made was for the purpose of obtaining a new grant. 

10th. You are not to survey any lands or marsh reserved for public Not to survey 

P .... lands reserv- 

purposes, nor cross, in any ot your surveys, any navigable river or e .i to public 
i purposes, &c 

11th. You will be particular, alwavs, in making your lines: let there „ 

1 • ' ^ J Running 

be no possibility of mistake hereafter — with a view to this, you will lines. 
never run more than ten chains, at the extent, without leaving a station 
exactly on the line, observing never to mark it with the f unless it be a 
corner post. 

12th. In locating lands, you will observe the established principles Locating 
laid down by the decisions of the Court of Appeals of this State. 

13th. You will be particularly careful, always, to have the best of in- instruments, 
struments. Touch your needle with the magnet at least once a year, 
and oftener, if necessary; your staff should be furnished with a ball and 
socket. There is no excuse for a Surveyor going iuto a field with a bad 
instrument. 

14th. Your chain must be often inspected, and preserved entire. chain. 

loth. In plotting, great attention and nicety is required to ensure plotting, 
accuracy — your work must always close neatly — it must never be forced, 



24 VACANT LANDS. 

but carefully revised and corrected. Sometimes, indeed, where great 
attention is not paid in the first instance, it will be necessary to return 
to the field, where errors most frequently originate. 

16th. Sobriety and steadiness must be observed, as well in respect to 
your men as to yourself, else there can be no reliance upon your work. 

Scale of plat. 17th. In all surveys made by you, by order of Court, the plat you re- 
turn must be laid down by a scale often chains to an inch, and to de- 
signate, by dotted lines, each separate tract, if more than one grant. 

one station 18th. No plat will be entered in the office for record without at least 

to each line. one gtation Qn eyery j; ne _ 

Fees for Surveying and Granting Lands. 
Sec. 23. For services in surveying and granting vacant lands, the fol- 

Fees of See- 

retary o f lowing fees shall be allowed : 

State. D 

14; [791, V 153, Secretary of State. — For every search, fourteen cents; for copying plat 
ler'scotnpiial and certificate, one dollar and seven cents; for receiving, recording a 
119."' 4 ' lkS ' plat, and sending the same to the Governor, to be passed into a 
grant, two dollars and fourteen cents ; for a certificate, in all other cases, 
thirty-two cents ; for making out a grant of lands, and recording and fix- 
ing the seal of the State, two dollars and fourteen cents ; for a deputa- 
tion and instructions to a deputy surveyor, one dollar and seven cents. 

Deputy Surveyors. — For surveying every acre of land, one cent ; for 

Deputy sur- making out a fair plat, certifying, signing, and returning the same, two 

yeyors. dollars and fourteen cents ; for running old lines for any person, or between 

1 Bail., 592; 1 ° J r 

inn, 399. parties where any dispute arises, or by order of Court, while they are on 

survey, per day, three dollars. 

Commissioners of Locations. — For recording applications, making en- 
ers of Loea- tries, and granting warrants under hand and seal, seventy-five cents ; for 
1S39 xi 15 m recording plat, aud sending to Secretary of State's office, one dollar ami 

seventy-five cents ; for each copy plat and certificate, one dollar and 

twenty-five cents. 



OF ELECTIONS. 25 

TITLE II. 

OF ELECTIONS. 



Chapter VII. Of Qualifications of Electors. 

VIII. Of the Manner of Conducting Elections and Returning 
Votes. 
IX. Of the Election of Representatives in Congress, and Elec- 
tors of President and Vice President. 
X. Of the Election of County Officers. 
XI. Of Municipal Elections. 



CHAPTER VII. 
Of Qualifications of Electors. 

Sec I Sec. 

1. Qualifications of electors. 3. Punishment for illegal voting, anil 

2. Elections— how to be conducted. fraud, &c, at elections. 

Section 1. Every male citizen of the United States, of the age of QuaMficafna 
twenty-one years and upwards, not laboring; under the disabilities named %„~.^~'-^r 

J J _ i / ■ ° 1S70, XI\ , 393, 

in the Constitution, without distinction of race or color or former condi- § -• Constitu- 

tion, Art. 8, §2. 

tion, who shall have been a resident of the State for one year, and in the 
County in which he offers to vote for sixty days next preceding any 
general election, shall be entitled to vote: Provided, That no person, 
while kept in any alms-house or asylum, or of unsound mind, or con- 
fined in any public prison, shall be allowed to vote. 

Sec. 2 The polls shall be open at such voting places as shall be desig- Election 
nated at six o'clock in the forenoon, and close at six o'clock in the after- a '5ieted be C ° n " 
noon of the day of election, and shall be kept open during these hours it>. § s. 
.without intermission or adjournment, and the Managers shall administer 
to each person offering to vote an oath that he is qualified to vote at 
this election, according to the Constitution of this State, and that he 
has not voted during this election. 

Sec. 3. That every person who shall vote at any general election, who 

... , , , „ . . . ., Punishment 

is not entitled to vote, and every person who shall, by force, intimida- for illegal vot- 

,.„,,.. i • a i , • ing and fraud, 

tion, deception, fraud, bribery or undue influence, obtain, procure, or &c, at eiec- 
control the vote of any elector, to be cast for any candidate or measure, ~~r b 394 5 10 
other than as intended or desired by such elector, shall be punished by a 
fine of not less than one hundred, nor more than one thousand dollars, 
or by imprisonment in jail not less than three months, nor more than 
twelve months, or both, within the discretion of the Court. 
4 



26 



OF ELECTIONS. 



CHAPTER VIII. 

Of the Manner of Conducting Elections and Returning Votes. 



Sec 
1. General election held on the third 
Wednesday in October every second 

year. 

Commissioners and Managers of Election. 

i. Three Commissioners of Election to 
he appointed for each County. 
Three Managers of Election's to he 
appointed for each precinct. 

3. Clerk to he appointed hy Managers. 

4. Commissioners and Managers to or- 

ganize by appointing Chairman. 

5. Polls to be kept open from 6 o'clock 

iu the morning till 6 o'clock in the 
evening ; oath to voters. 

6. Representatives in Congress to be 

chosen. 

7. Peace officers to be present at the 

pol s to preserve order. 

S. Bar-rooms and places for sale of li- 
quors to be closed on days of elec- 
tion—sale of liquors prohibited 

9. Voting to be by written or printed 
ballots, folded so as to conceal eon- 
tents. 

10. To be one general ticket. 

11. One box f r each Election Precinct to 

be provided — how made. Person vo- 
ting must deposit his own ballot. 

12. Clerk to keep poll list. 

13. Poll list and box containing ballots to 

he delivered to Commissioners of 
Election at close of election. 
14 Commissioners to form County Board 
of Canvassers. 

15. Commissioners to meet at County 

seat on Tuesday following election ; 
appoint Secretary. All to qualify. 

16. Votes to be counted and statement 

made within ten days. All papers re- 
lating to elections to be forwarded 
to State Cam as3ers. 

17. Duplicate statements to be made and 

filed with Clerk of County. 



Sec. 

18. Separate statements of votes given 

for each pei son voted for. 

19. Three separate statements, besides 

those for County Clei k and Secreta- 
ry of State, prepared. 

20. Returns to be deposited in Post Office, 

post-paid and directed. 

Of the Formation and Proceedings of the 
Board of State Canvassers. 

21. Meeting of State Canvassers on or be- 

fore the tenth of November. 
JJ. Who constitute State Canvassers. 

23. When President of the Senate shall 

act us one of the State Canvassers 

24. Stat* 1 Canvassers to proceed to make 

statement of votes given for each 
candidate voted for. 

25. Certificate delivered to Secretary of 

State. 

26. To declare what persons elected, and 

decide contested cases which are not 
otherwise provided for in Constitu- 
tion. 

27. Power of Board to adjourn. 

2A How election of Governor may be 
contested. 

29. Secretary of State to record result of 

canvass 

30. To furnish copy of each determina- 

tion to person declared elected and 
to Governor. 

31. To print statements in public news- 

papers. 

32. To send certificates to House of Rep- 

resentatives of United States. 

33. Secretary of State to keep record of 

County officers. 

34. Punishment of officers guilty of neg- 

lect or corrupt conduct. 

35. Commissioners of Elections to re- 

ceive three dollars per day. and ten 
cents per mile for travel ; Managers 
two dollars ; Clerks same. 



General eiec- Section 1. That the general elections in this State shall be held, pur- 
;i°. n ,Jj, ela ou suaut to the Constitution thereof, on the third Wednesday in October, 

third Wednes- J 

day in Octo- eighteen hundred and seventy, and forever thereafter on the same day 
ber, every see- ° •" J 

ond ye ar. J n every second year, and shall be regulated and conducted according 

§ i, ' ' ' to the rules, principles and provisions herein prescribed. 



Three Com- 
missioners of 
Election to be 
appointed for 
each County. 

Three Mana- 
gers or Elec- 

1 I'iii to lie ap- 
pointed for 
each precinct. 

lb.. 3, 



Commissioners and Managers of Election. 

Sec. 2. That, for the purpose of carrying on such election, it shall be 
the duty of the Governor, and he is hereby authorized and empowered, 
at least sixty days prior to any such election, to appoint, in and for each 
County, three Commissioners of Election, whose duty it shall be, ami 
they are hereby authorized and empowered to appoint three Managers of 
Election for each election precinct of the County for which they shall, 
respectively, be appointed. The said Commissioners of Election aud 
-aid Managers of Election shall take and subscribe, before any officer 
authorized to administer oaths, the oath < if office prescribed by Section 
30 of Article II of the Constitution, and the same shall be immediately 
tiled, in each instance, in the office of the Clerk of the County in whicb 
said Commissioners and Managers shall be appointed; and, it' there be 



OF ELECTION?. 27 

no such Clerk, duly qualified by law, then in the office of the Secretary 
of State. 

Sec. 3. That the Managers are hereby authorized to appoint a Clerk clerk to be 
to assist them in whatever duties may be required of them, who shall Managers. y 
take the oath of office prescribed by Section 30 of Article II of the Con- Ib > In- 
stitution before the Chairman of the Board of Managers. 

* 

Sec. 4. That the Commissioners aforesaid, and the Managers aforesaid, commission- 
, . „ . • i i 1 1 i -i i ers anl ' Manu- 

al their first meetings, respectively, shall proceed to organize themselves gera to or- 

as a Board, by appointing one of their number Chairman of the Board; pointing 

and such Chairman, in each instance, shall be empowered to administer 



the necessary oaths. 



Ib., § 5. 



Sec. 5. The polls shall be open at such voting places as shall be de- Polls to be 
signated at six o'clock in the forenoon, and close at six o'clock in the from 6 o'clock 
afternoon of the day of election, and shall be kept open during these j"g ' tin " ' >:. 
hours, without intermission or adjournment; and the Managers shall ad- evening, 
minister to each person offering to vote an oath that he is qualified era * 1 tovo " 
to vote at this election, according to the Constitution of this State, and ib.,§«. 
that he has not voted during this election. 

Sec. 6. Representatives in the House of Representatives of the Con- Represents- 

1 ..... tives in Con- 

gress of the United States shall be chosen at such election, in the several gress to be 

C*llO.*011. 

Congressional Districts, by the qualified electors therein. Ih § 7 

Sec. 7. The State Constables, and other peace officers of each County, Peace offi- 

1 J cers to op [ire- 

are required to be present during the whole time that the polls sent at the 

110 * polls to pre- 

are kept open, and until the election is completed; and they shall pre- serve ord er, 
vent all interference with the Managers, and see that there is no inter- rb "' ~ ; ' 4 ' ^ 8 " 
ruption of good order. If there should be more than one polling place 
in any County, the State Constable of such County is empowered 
and directed to make such assignment of his Deputies, and other peace 
officers, to such polling places as may, in his judgment, best subserve the 
purposes of quiet and order. 

Sec. 8. All bar-rooms, saloons, and other places for the sale of liquors Bar-rooms 
by retail, shall be closed at six o'clock of the evening preceding the day sale of liquor 
of such election, and remain closed until six o'clock in the morning of on day- of 
the day thereafter, and during the time aforesaid the sale of all intoxi- ofiiquorspro- 
cating liquors is prohibited. Any person duly convicted before a com- 
petent Court of a violation of this Section shall be punished by a fine 
not exceeding fifty dollars, or by imprisonment not exceeding six months, 
or by both such fine and imprisonment, in the discretion of the Court. 

Sec. 9. The voting shall be by ballot, which shall contain, written or voting to be 
printed, or partly written and partly printed, the names of the persons |2|J£!ai)a£ 
voted for. and the offices to which such persons are intended to be chosen, ' ot3 > foiaea 

' * ' as to conc< 

and shall be so folded as to conceal the contents; and such ballot shall content s, 
be deposited in a box to be constructed, kept and disposed of as herein- "' b 
after provided. 



hibited. 
Ib, | 97 



so 
conceal 



28 OF ELECTIONS. 

eeneraiticket ^EC. ^" There shall be one general ticket, on which shall be the 
;!•». names of the persons voted for as Representatives in Congress, and State, 
Circuit and County offices. 

One box for Sec. 11. The Commissioners of Election shall provide one bos for 

each election , , . . . ■ in, t . 

precinct to be each election precinct. An opening shall be made in the lid of the 
tow made, box, not larger than shall be sufficient for a single ballot to lie inserted 
must deposit thereffi at one time, through which each ballot received, proper to be 

— gjj — rjg- placed in such box, shall be inserted by the person voting, and by no 

other; each box shall be provided with a sufficient lock, and shall lie 
locked before the opening of the poll, and the keys retained by the Com- 
missioners, and shall not be opened during the election. Such boxes 
shall be labelled as follows: "Congress," " State," "Circuit" and 
"County Officers." 



cierk to Sec. 12. Each Clerk of the poll shall keep a poll list, which shall 
ir^Ti ' " contam one column, headed "Names of Voters;" and the name of each 
elector voting shall be entered by the Clerk in such column. 



Poll list and g EC 13 ^ ^ e c ] ose of the election, and within' three days after the 

box coniam- 

be S d a ii 0tS ed ^ ay thereof, the Chairman of the Board of Managers, or one of them, 
s'ra who mav be designated by the Board, shall deliver to the Commissioners 

01 El«ct J 

tion. 



of Election at 

of eiec- of Election the poll list, and the boxes containing the ballots. 



lb., §15. 

Commission- Sec. 14. The Commissioners of Election shall meet at the County 
county Board seat, as provided in the last preceding Section, and shall proceed to or- 
~ lo-fflsTw" g an ' ze > aQ d shall form the County Board of Canvassers. 

commission- Sec. 15. They shall meet in some convenient place at the County seat 

meet at " . , . ." 

county seat on the luesday next following the election, before one o clock in the 

on Tuesday . „ 

foiiow-g eiec- afternoon ot that day. lney may appoint some competent person as 

Secretary; ail Secretary. The Chairman shall then proceed to administer the consti- 

-nTTT^ — tutional oath to each member of the Board, as Canvassers; and shall 
lb., § li. ' ' 

administer the constitutional oath to the Secretary, and the Secretary 
shall administer to the Chairman the same oath that he shall have ad- 
ministered to the other members of the Board. 

votes to be Sec 16. They shall then proceed to count the votes of the County, 
in ten days" and shall make such statements thereof as the nature of the election 
ing'Selection shall require, within ten days of the time of their first meeting as a Board 
o 0r state ul County Canvassers, and shall transmit to the Board of State 
era any protest, and all papers relating to the election. 

Duplicate Sec. 17. Duplicate statements shall be made and filed in the offie 

,'i' the Clerk of the County ; and, if there be no such Clerk, duly qualified, 
<>f according to law, then in the office of the Secretary of State. 

1 .. . 1 ■. 

Seo. 18. They shall make separate statements of the whole number of 
ment of . * ... 

Kiven votes given in such Countv for Representatives in Congress : and - 
for each per- * 

ionvoi ate statements of all other votes given for other offic 1-. Such state- 

Ib -« incuts shall contain the Dames of the persons for whom such votes were 



OF ELECTION^. 29 

given, and the number of votes given for each, which shall be written 
out in words at full length. 

Sec. 19. There shall be prepared by the Commissioners three separate Five sepa _ 
lists of each statement, besides the lists to be filed in the ofRee of the ments to^be 

County Clerk, or Secretary of State, and each list shall be certified to as prepare( l: 

correct, by the signatures ot the Commissioners, subscribed to such cer- 
tificate. 

Sec. 20. After the final adjournment of the Board of County Canvass- Returns to 
era, and within the time prescribed in Section 15 of this Chapter, the topo^omce 
Chairman of the Board shall deposit in the nearest post office, directed S°rJ c Ved d a 
to the Governor, Secretary of State, and Comptroller General, (the full ~~ lb., § ■*>. 
postage paid,) each, one of the certified copies of the statement and cer- 
tificate of votes, prepared as provided in the last jareeeding Section. 

Of the Formation and Proceedings of the Board of State Canvassers. 

Sec. 21. The Secretary of State shall appoint a meeting of State Can- Meeting of 
vassers, to be held at his office, or some convenient place, on or before sera on or be- 
the tenth day of November next after such general election, for the pur- of November. 
pose of canvassing tlie votes for all officers voted for at such election. Ib > - 

Sec. 22. The Secretary of State, Comptroller General, Attorney Gen- W]io 

eral, State Auditor, State Treasurer, Adjutant and Inspector General, }"■' 

1 # ' J m 1 ' Canvassers. 

and the Chairman of the Committee on Privileges and Elections of the ib., § n. 
House of Bepresentatives, shall constitute the State Canvassers — four of 
whom shall be a sufficient number to form a Board. 

Sec. 2o. If a majority of these officers shall be unable, or shall fail to when presi- 
attend, the President of the Senate, being notified by the Secretary of to act as one 
Suite, shall attend without delay, and, with the officers attending, shall vassers. 
form a Board. ~ lb -< § - 5 - 

Sec. 24. The Board, when thus formed, shall, upon the certified copies state Can- 

* i vassers to 

of the statements made bv the Board of County Canvassers, proceed to make state- 

i i/>* it- ment of votes 

make a statement of the whole number of votes given at such election given ea.cn 

.„,...,. candidate 
for the various officers, and for each of them voted for, distinguishing voted for. 

the several Counties in which they were given. They shall certify such 1 

statements to be correct, and subscribe the same with their proper names. 

Sec. 25. They shall make and subscribe, on the proper statement, a delivered to 
certificate of their determination, and shall deliver the same to the Sec- 1 f'suue retaly 
retary of State. lb., § £>. 

Sec. 26. Upon such statements they shall then proceed to determine w J° t ^^11 
and declare what persons have been, by the greatest number of votes, £o .decide con! 
duly elected to such offices, or either of them. They shall have power, ^^ a re*not 
and it is made their duty, to decide all cases under protest or contest gjberwlse f °n 
that may arise, when the power to do so does not, by the Constitution, Constitution. 
reside in some other body. "' " "" 



30 OF ELECTIONS. 

Power of the g EC 27. The Board shall have power to adjourn, from day to day, for 

Board to ail- - 1 J » ' ■" 

jQ"rn. a term not exceeding ten days. 

Ib., § 30. 

How election Sec. 28. That, in case of a contest of the election of Governor, (if the 
of Governor General Assembly, by concurrent resolution, shall entertain the same,) 

may be con- J ' ^ 

tested. th e Senate and House of Representatives shall, each separately, proceed 

Art.' i, §4. °"' to hear and determine the facts in the case, so far as they deem neces- 
sary, and decide thereon who, according to the 10th Section of Article 
VIII of the Constitution, is entitled to be declared elected. If the two 
branches of the General Assembly come to the same decision, they shall, 
by concurrent resolution, declare who is duly elected, and entitled to en- 
ter upon and exercise the office of Governor; and such person thereupon 
shall, upon taking the oath prescribed in the Constitution, be inducted 
into office. If the two branches of the General Assembly do not come 
to the same decision, then a general election shall be called by the Gov- 
ernor, to take place in not less than sixty, nor more than ninety, days, at 
which the qualified electors shall proceed to vote for a suitable person to 
fill the office of Governor. 



„ . „, Sec. 29. The Secretary of State shall record in his office, in a book to 

Secretary of •> _ ' 

ptat , e t0 it r6 f ' De kept b- v ' nlu f' 01 ' tn at P ur P ose > each certified statement and determina- 
canTass. tion which shall be delivered to him by the Board of State Canvassers, 

and every dissent or protest that shall have been delivered to him by a 

Canvasser. 



To fnrn-:sb g E c. 30. He shall, without delay, transmit a copy, under the seal of 

copy of each .„ .. i 

determina- his office, of such certined determination to each person thereby declared 

tion to per- ,,,,,., , ^ 

sou declared to be elected, and a like copy to the Governor, 
elected, and 
to Governor. 

" lb., §¥2. _ 

•To print Sec. 31. He shall cause a copy of such certified statements and de- 
statements in . . . . 
public news- terminations to be printed m one or more public newspapers of this 

paper s. 

lb., § 33. state. 

Tooendcer- Sec. 32. He shall prepare a general certificate, under the seal of the 
tiflcate to the , , , , . r . i <• i i , , TT 

House oi Rep- i^tate, ami attested by him as Secretary thereof, addressed to the House 
resentatives „ .-. . - . TT . , . r , . . , 

of u.s. j_ ot Representatives of the United States in that Congress for which any 

ib, §34. person shall have been chosen, of the due election of t lie person so 

chosen at such election as Representative of this State in Congress, and 

shall transmit the same to the said House of Representatives at their 

first meeting. 

seeretury of Sec. 33. The Secretary of State shall enter in a book, to be kept in 

Vu^'of '" s office, the names of the respective County officers elected in this 

L.Miniy offl- gtate, specifying the Counties for which they were severally elected, and 

ib., :i:i7, 5 :«. their place of residence, the office for which they were respecti.vely 

elected, and their term of 'ifh'ce. 



OF ELECTIONS. 31 

Sec. 34. It' any officer on whom any duty is enjoined in this Chapter ^Jj^°!™ l t 
shall be guilty of any wilful neglect of such duty, or of any corrupt '>', ot . neglect 
conduct in the execution of the same, and be thereof convicted, he shall co nduct. 
be deemed guilty of a misdemeanor, punishable by fine not exceeding 
five hundred dollars, or imprisonment not exceeding one year. 

Sec. 35. The Commissioners of Election shall receive, for their com- commission- 
peusation, three dollars per day for their services, while actually em- tion to re- 
ployed, and ten cents per mile for necessary travel; and the Managers ciay^and ten 
shall receive two dollars per day while actually employed, and ten cents fo" U 'Travel 6 ; 
per mile for necessary travel; and the Clerks of the Commissioners, and oierkslamei ' 
the Clerks of the Managers, respectively, shall receive two dollars per lb., § 37. 
day while actually employed: Prodded, No Commissioner of Election 
shall receive pay for more than ten days, and no Manager or Clerk 
for more than three days. 



CHAPTER IX. 

Of the Election of Representatives in Congress and Elec- 
tors of President and Vice President. 

Sec. I Sec. 

Of the Ejection of Representatives in Con- 10. Penalty on Messengers and others for 
gress. defeating due delivery of certifi- 

cates. 
1. Division of State into four Congres- 11. Punishment for neglect or corrupt 
sionul Districts. conduct on part of officers or Mana- 



2. Each District to elect one member of 

Congress. 

Of the Election of Electors of President 
and lice President. 

3. Electors of President and Vice Presi- 



JrV~. 

12. Compensation of Messengers. 

Of the Formation and Proceedings of 
the College of Electors, 

13. Meeting of the Electoral College; v 



dent, how chosen. cancies to be filled. 

4. Certified copies of statement of votes 14 To choose President and Secretary. 

to be made. ; 15. Duties of Secretary of State. 

5. Messengers to deliver statement to 16. Vote by ballot. 

Secretary of State. 17. Certified lists of candidates voted for. 

tj. Meeting of the Board of State Can- 18. Appoint a Messenger to deliver lists, 

vas-ers. 19. Where to be delivered. 

7. Statement of Board. 20. Duplicate copies to be forwarded by 

8. Certificates by Secretary of State. mail. 

9. Determination and certificate pub- ■ 21. Comiiensation. 

lished. I 

Of the Election of Representatives in Congress. 
Section 1. That the State of South Carolina shall be divided Division of 

• t-v ■ & n TT? r -i the State into 

into four Congressional Districts, as follows: First Congressional four cougres- 

sional Dis- 

District to be composed of the Counties of Lancaster, Chesterfield, triet3. 

Marlborough, Darlington, Marion, Horry, Georgetown, Williamsburg, of £onstitu e - 
Suniter, Clarendon and Kershaw ; Second Congressional District to vention Sm 
be composed of the Counties of Charleston, Colleton, Beaufort and -^JJJ' ^ IV 696 
Barnwell ; Third Congressional District to be composed of the Counties '<■ ti 
of Orangeburg, Lexington, Richland, Newberry, Edgefield, Abbe- 
ville, Aiken and Anderson; and the Fourth Congressional District 



32 OF ELECTIONS. 

to be composed of the Counties of Oconee, Pickens, Greenville, Lau- 
rens, Spartanburg, Union, York, Chester and Fairfield. 

Each District Sec. 2. That, until the next apportionment be made by the Congress of 

member of the United States, each of the said Congressional Districts shall be enti- 

— Oril — "iggg" tied to elect one member to represent this State in the Congress of the 

XIV, 3-2, 52. United States. After such new apportionment by Congress, the General 

Assembly shall divide the State into as many Congressional Districts as 

the State is entitled to members in the House of Representatives. 

Of the Election of Electors of President and Vice President.* 

Electors of Sec. 3. When an election for President and Vice President of the Uni- 
Vice Presi- ted States occurs, there shall be elected, by general ticket, as many Elec- 
chosen, tors of President and Vice President as this State shall be entitled to 

s'ig 8 ' XIV ' 144 ' a PP°' nt I an d eac h elector in this State shall have a right to vote for the 
whole number of such Electors ; and the several persons, to the number 
required to be chosen, having the highest number of votes, shall be de- 
clared and deemed duly appointed Electors. 

rom- certi- Sec. 4. The Commissioners of Election of each County shall make 

fied copies of .„ . . , ... 

votes to be tour certified copies ot the statement ot votes given tor Electors in their 

Ib ', 47 County, one of which copies shall be filed in the office of the Clerk of 

the County, if there be such Clerk duly qualified by law; another of 
such copies they shall forthwith transmit to the Governor, another 
to the Secretary of State, and deliver the other as hereinafter di- 
rected. 

-Messengers Sec. 5. The Commissioners of Election of each County shall appoint 
to deliver le- . 

maining cer- a messenger, and shall deliver to such messenger the remaining certified 

tided copy of . , ', „ , , & . _ . _? 

statement to copy ot the statement ot the votes given in their County tor Electors, se- 
state. _ curely enclosed and under seal, and such messenger shall proceed forth- 

ib., § is. with to deliver the same to the Secretary of State. 

Meeting ..1 Sec. 6. The Board of State Canvassers shall meet at the office of the 

state Canvas- Secretary of State on or before the 10th day of November next after 

- ' ' . .„ - such election — or sooner, if all the certified copies of the statements of 
ib., §49. ' l 

the County Canvassers shall have been received from all the Counties — 
to canvass the votes given for the Electors of President and Vice Presi- 
dent ; and in case all the certified statements shall not have been re- 
ceived on that day, the Board may adjourn from day 'to day, until the 
same shall have been received, not exceeding five days; and if, at the 
expiration of four days, certified copies of the statements of the County 
Canvassers shall not have been received from any County, the Board 
shall proceed to canvass upon such of the said statements as shall have 
been received. 

•Note.— Without this portion of the Act of 1868, the Election Laws would be defect- 
ive, and the Commission take the responsibility of inserting it here, although the Act 
of 1868 i<, l>y its own terms, now obsolete. 



OF ELECTIONS. 33 

Sec. 7. The Board of State Canvassers shall proceed in making a statement of 

1 a the Board. 

statement of all the vmes, and determining and certifying the persons n>., jso. 
elected, in the manner prescribed by law in relation to the election of 
other officers. 

Sec. 8. The Secretary of State shall, without delav, cause a copy, Certificates 

dy SccrctArv 

under the seal of his office, of the certified determination of the Board of state. 
of State Canvassers, to be delivered to each of the persons therein de- it»., g si. 
clared to be elected ; and for that purpose he may employ such and so 
many messengers as he shall deem necessary. 

Sec. 9. The determination and certificate of the Board of State Can- To be pub- 
lished. 

vassers in relation to the choice of Electors shall be published in the ib^JWi. 
same manner as provided in relation to the certificates of the election of 
other officers. 

Sec. 10. If any of the messengers shall be guilty of destroying the Penalty on 

J ° n j jo messengers 

certificates entrusted to their care, or wilfully doing any act that shall ami others for 

,. , . 5, defeating due 

defeat the due delivery ot them, as directed by this Chapter, he shall be delivery of 

.,,,. . .,-n- •' ill* certificates. 

punished by imprisonment in the Penitentiary, at hard labor, for a term — IVj . j^ — 

not less than two, nor exceeding four years; and if any person shall be 

found guilty of taking away from any of the said messengers, either by 

force or in any other manner, any such certificates entrusted to his care, 

or of wilfully doing any act that shall defeat the due delivery thereof, 

as directed by this Chapter, he shall be punished by imprisonment in 

the Penitentiary, at hard labor, for not less than two, nor exceeding four 

years. 

Sec. 11. If any officer or messenger, on whom any duty T is enjoined Punishment 
in this Chapter, shall be guilty of any wilful neglect of such duty, or corrupt con. 
of any corrupt conduct in the execution of the same, and be thereof of officers or 
convicted, he shall be deemed guilty of a misdemeanor, punishable by ^ ^"f!^ 8, 
fine not exceeding five hundred dollars, or imprisonment not exceeding 
one year. 

Sec. 12. The messengers employed or appointed under this Chapter compensa- 
shall receive for their compensation twelve cents per mile for traveling, sengers. meS " 
to be audited by the Comptroller General upon the certificate of the Ib -> § 55- 

Secretary of State. 

Of the Formation and Proceedings of the College of Electors. 

Sec. 13. The Electors of President and Vice President shall convene Meeting of 
at the Capital, in some convenient place, on the day preceding the first £onege e . ctoral 
Wednesday in December after their election ; and those of them who vacancies to 

shall be so assembled, at four o'clock in the afternoon of that day, shall, be fll led. 

immediately after that hour, proceed to fill, by ballot and by plurality §'i. ' 
of votes, all vacancies in the Electoral College, occasioned by the death, 
5 



34 OF ELECTIONS. 

refusal to serve, or neglect to attend at that hour, of any elector, or oc- 
casioned by an equal number of votes having been given for two or more 
candidates. 

PreSdentand ^ec. ^ ^ ne Electoral College being thus completed, they shall then 
secretary. choose a President and Secretary from their own body. 

of duties of Sec. 15. The Secretary of State shall prepare three lists of the names 

state. aly "* of the Electors, procure to the same the signature of the Governor, affix 

it>.,i3. thereto the seal of the State, and deliver them, thus signed and sealed, 

to the President of the College of Electors on or before the said first 

Wednesday in December. 



vote bybai- ^ec. 1*>. ^* u tne sa ^ ® rs t Wednesday in December, the Electors shall 

?2*: meet at some convenient place at the Capital, and then and there vote 

by ballot for President and Vice President, one of whom, at least, shall 
not be an inhabitant of the same State with themselves. They shall 
name in their ballots the persons voted for as President, and, in distinct 
ballots, the persons voted for as Vice President. 

certified lists Sec. 17. They shall make distinct lists of all persons voted for as 

votedfor. atea President, and of all persons voted for as Vice President, and of the 

it>., (5. number of votes for each, which list they shall sign and certify ; and, 

after annexing thereto one of the lists received from the Secretary of 

State, they shall seal up the same, certifying thereon that lists of the 

votes of this State for President and Vice-President are contained therein. 

To appoint ^ec. ^- ^ke Electors shall then, by writing, under their hands, or 

™!iver S iists t0 un der the hands of a majority of them, appoint a person to take charge 

ib., §6. of the list so sealed up, and to deliver the same to the President of the 

Senate at the seat of Government of the United States, before the first 

Wednesday in January then next ensuing. 

where to be Sec. 19. In case there shall be no President of the Senate at the seat 

delivered. 



Ib.,2 7. 



of Government on the arrival of the person entrusted with the lists of 
the votes of the Electors, then such person is required to deliver the lists 
of the votes in his custody into the office of the Secretary of State of 
the United States. 

Duplicate Sec. 20. The Electors are also required to forward forthwith, by the 
foro^dea by P ost office > to. the President of the Senate of the United States, at the 

seat of Government, and to deliver forthwith to the Judge of the United 

States for the District of South Carolina, similar lists, signed, annexed, 
sealed up and certified in the manner aforesaid. 



lb., 58. 



compensa- Sec. 21. Everv Elector of this State tor the election of a President 

tiou. ^ 

— Ib § 9. — and Vice President of the United States, who shall attend at any election 
of those officers, and give his vote at the time and place appointed by 



OF ELECTIONS. 35 

law, shall be entitled to receive tor his attendance at such election, ami 
for traveling to and from his place of residence, by the most usual route, 
the same sum as shall, at the time, be allowed by law to members of the 
General Assembly for their attendance and travel, to be paid in like 
manner. 



CHAPTER X. 



Of the Election of County Officers. 



Sec. Sec 



l. General election for County officers 
on third Wednesday in October of 
every second year. 



2. Governor to fill vacancies where the 
unexpired term does not exceed one 
year, and, when it does, to call an 
election. 



Section 1. There shall be a general election for the election of the General eiee- 
following County officers, to wit : Judge of Probate, County Commis- ^offic'eis'on 
sioners and School Commissioner, held in each County on the third a'ay'ViV 
Wednesday of October, Anno Domini one thousand eight hundred and s^ ",x Iear7 
seventy, and on the same day in every second year thereafter ; and for wo, xiv, 3;>, 
the election of Sheriff and Clerk of the Court of Common Pleas on the tution, Art! 
third Wednesday of October, Anno Domini, one thousand eight hun- 25. ' 
dred and seventy-two, and on the same day in every fourth year there- 
after. 

Sec. 2. That, in the event that a vacancy shall, at any time, occur in nii° V vacancy 
any of the offices in any County of this State, whether from death, re- office 7 "where 
signation, disqualification, or other cause, the Governor shall have full Id^erm^does 
power to appoint some suitable person, who, upon duly qualifying, ac- oSe yearTand 
cording to law, shall be entitled to enter upon and hold the office to u.'cau in eiec- 
which he has been appointed for the unexpired term of the former in- ,lou- 

L870 \1V :)~i 

cumbent, and shall be subject to all of the duties and liabilities incident i. ' 
to said officer, during the term of his service in said office: Provided, 
That no such unexpired term for which an appointment is made shall, in 
any case, exceed one year. If the vacancy exceeds one year, the Gov- 
ernor shall, by proclamation, call an election in the County, to be con- 
ducted according to law, to fill said vacancy. 



36 OF ELECTION?. 

CHAPTER XI. 

Of Municipal Elections 

Sec. Skc. 

1. Election to be held for officers of 7. Announcement of vote ami declara- 

cities anil towns. tion of election. 

'2. How conducted. ening and closing polls. &c. 

o. Registration of voters. Oath to be 9. Officers elected to he inducted into 

taken by voters. office Monday following election. 

4. Disposition of registration books; 10 Term of office. Oath administered; 

expenditures, how provided for. by whom. 

5. Qualifications of voters. ' 11. Compeusation of Managers. 

6. Managers to count votes and report 12. Bar-rooms to be closed on election 

same to Mayor or Intendant, or to . day. Penally for selling liquor on 

Clerk of Court in case of their ab- that day. 

sence. 

Section* 1. That His Excellency the Governor shall order an elec- 

Election to 

be held for tiou to be held on the second Tuesday of November, in the vear 1868, 

officers of cit- . . * . 

ies and towns, m all incorporated cities and towns ot this State, for the election of all 
$T. "' XU ' 10 *' officers provided for by the charters of the said cities and towns. 

_. Sec. 2. The Managers of Election authorized and required to conduct 

How con- ° m ' 

dncted. the election herein provided for in Section one il) of this Chapter, are 

;v, i3& e authorized to conduct all subsequent elections that may be ordered to be 
held in such cities and towns, until otherwise provided for by law. 

-iration Sec. 3. In order to secure the free expression of all persons qualified 
Oath to^fta- t0 vote, as hereinafter provided, the Managers of Election shall open 
ters. b> V °" t Q cir repective polling places for three (3) days next preceding the day 
ib., § 3. fixed for the election herein provided for, commencing at 7 o'clock A. 
M., and closing at 5 o'clock P. M.. each day, and shall, during these 
days, record the names of all qualified electors, and their place of resi- 
dence, in a book to be furnished them by the Managers. All persona 
who present themselves for such registration shall, before their names 

are recorded, take the following oath : " I, , do solemnly 

swear (or affirm) that I am a citizen of the United States : that I have 
been an inhabitant of this State for one year next preceding this day, 
and for the last sixty days a resident of this city, (town, or village, as 
the case may be) ; that I reside in this ward, i or polling precinct.) 



Disposition Sec. i. The Managers shall, immediately after the election, turn over 
"ion re foo£! the registration books to the Mayor or Intendant, who shall cause the 
howproviofed same to be put up in a safe and secure place. The Managers shall re- 
— ceive a sum of money to cover expenditures for books, stationery. &c, 

together with their pay, as herein allowed, from the Treasury of such 

city, town or village, wherein such election is held. 

Sec. 5. The qualifications of an elector shall be those required by the 

Qualifications l , . ■ 

of voters. Constitution, together with a residence ot sixty days, next preceding the 
. }^[ o qJSJJ election, within the corporate limits of the city or town, and that he has 
been duly registered in the ward or precinct in which he offers to vote. 



OF ELECTION-. 01 

Sec. 6. The Managers of Election shall, immediately after the closing c< JJ n , ? ag ' 

of the polls, proceed to count the votes cast for each candidate, or per- ^'^ t Jjg?EJ 

son voted for, and make a statement or report thereof, in writing, sign, oror ln ** n "- 

i e> s > allt| or clerk 

seal and transmit the same, in a sealed envelope, bv one of their number, of Court, in 

1 - ' case 01 their 

to the Mayor or Intendaut of the city or town wherein the election has absence. 

been held. And, if there be no acting Mayor or Intendant in any such aid by Conors 

city or town, or in the absence of such Mayor or Intendant, the same 

.^hall be transmitted to the Clerk of Court for the County in which said 

city or town may be. 

Sec 7. The Mayor or Intendant, or Clerk of Court, shall open the Announee- 

" 111,1 ment of vote 

report of said Managers, aggregate the same, if there be several, and shall and dedara- 

i .i-l i i f . i i i , i tion of elec - 
aunounce and publish the whole number of votes cast, and the whole tion. 

number cast for each candidate, when the several candidates so found to : s c*bct> 30 

have received the largest number of votes for the offices for which they 

were voted for shall be declared duly elected. 

Sec 8. In all elections (or citv or town officers the polls shall be Opening and 

i - . i i « ir i i_ i i- i hi dosing polls, 

opened at i o clock A. 31., and kept open, during one day, at all the &£• 

polling precincts, and in various wards, and shall close at 5 P. M. Each Ib ' '* 6 " 
ward in the city of Charleston shall constitute at least one polling pre- 
cinct. 

Sec 9. The officers elected under the provisions of this Chapter shall, Officers eiee- 

•1 1 ■ 1 /-i 1 i • rr. te, l to ,je in ~ 

on taking the oath prescribed in the Constitution, be inducted into office ducted into 
on the Monday succeeding their election, and shall immediately enter foiiowi'geiec- 
upon the discharge of their official duties. — Ib . 

Sec 10. Said officers shall hold their offices up to the regular time Term of of- 
fixed by charter for the election of the same, and until their successors ministered,by 

are duly elected and qualified. The oath of office may be administered — v ' . 

by any officer of the State who is authorized by law to administer the 
same. 

Sec 11. The Managers of Election shall receive, as compensation for com™ 

■ ■ • i e i n i n i ■ ii tion of Mana- 

their services, the sum of two dollars per day, tor the time actually em- gers 

ployed in such election, and, also, for the time employed in the registra- Ib -i§ 9 - 
tion of voters. 

Sec 12. All bar-rooms and drinking saloons in the town or city where Bar-rooms to 

^ be closed on 

such election is held shall be closed on the davs of election ; and anv election day 

Pen alt v It 

person who shall sell to anv person anv intoxicating drinks on the day of selling" n- 

, i ii i -i i ■ ■, I • • . «. quorsonthat 

election shall be guilty of a misdemeanor, and, on conviction thereof, day . 

shall be fined in a sum not less than one hundred dollars nor more than Ib '' ? 10 
three hundred dollars, or be imprisoned for a period not less than one 
month nor more than sis months. 



38 



ASSESSMENT OF TAXES. 



TITLE III. 

01 THE ASSESSMENT AND COLLECTION OP TAXES. 



Chapter XII. Of the Assessment of Taxes. 

XIII. Of the Collection of Taxes. 

XIV. Of the Assessment and Collection of Taxes by Municipal 

Bodies. 



CHAPTER XII. 



Of the Assessment of Taxes. 



Sec. 

Persons and Properly Subject to Tax- 
ation. 

I. All real and personal property in the 

State subject to taxation. 
'J. Every person seized of reai estate 

must pay taxes on samp. 

3. Executors.' Administrators, Ac., per- 

sonally liable for taxes : how col- 
lected. 

4. Definition of " Real Property," "Per- 

sonal Property," " Moneys " and 
"Credit- " 

5. Males between twenty-one and fifty 

years, taxable polls ; exception. 

Property Exempt from Taxation. 

6. Property exempt from taxation. 

7. Who shall list personal property for 

taxation, and what. 

S. Trustees to list trust property separate 
from their own. 

9. All personal property taxed where sit- 
uated. 

10. Beturn of property to be made between 

July 1st and August 20 ; what shall 
be returned. 

11. Who deemed to be a merchant ; how 

returns made up. 

12. Who to be deemed manufacturer ; how 

to make returns; machinery and 
manufactured articles on hand more 
than a year to be returned; proviso. 

13. Road bed, right of way, Sc, Ac, of 

turnpike, plank-road, bridge, tele- 
graph, &c , company, deemed per- 
al property ; returned with other 
personal property before 2uth of Au- 
gnst. 

14. President and Secretary of Eailroad 

Companies to make returns between 
1st July and 20th of Lugust to State 
Auditor: contain w I 

15. President and Secretary of R 

Companies to mote returns to Coun- 
ty Auditors same as tO State Audi- 
tor. 

16 How the value of railroads determined; 

what stated in returns. 
it. Return made in the form prescri 

Auditor. 

1- lb' i See returns. 

19 Power of Stale Auditor to put ques- 
tion- and make examinations by 
him dty i"i ne- 

i • or rciu-ai to submit to exami- 
nation. 



Sec. 

20. State Board to equalize property of 

railroad companies; records to be 
kept by the Auditor of Stat e. 

21. State Auditor to certify to County Au- 

ditors deterruinatioiisof State Board 
of Equalization. 

22. If railroad companies fail to make re- 

turn-, State Board of Equalization 
to make return for them from best 
information ; penalty ; state Auditor 
- :.l certify to County Auditor ; 
County Commissioners. 

is "ml Telegraph Companies. 

23. Express and telegraph companies de- 

fined : returns to State and County 
Auditor-. 

Ity for failure to make returns : 
mode of assessment when failure to 
make returns, and penalty. 

25. How to make returns when principal 

office is out of State : penalty for 
failure to answer questions of Audi- 
tor. 

Insurance Companies. 

26. Foreign insurance agents shall make 

returns : agents personally responsi- 
ble i tax< 3. 

27. State insurance companies to make re- 

tun, s where principal offic 

' ] nies and Corporations. 

23. Corporations and companies owning 
property in and out of State to re- 
turn only property in State for taxa- 
tion. 

29. Having no property in State, not to re- 

1 urn same for taxation 

30. Companies and corporations, not spe- 

cially pro* Ided for, to make returns 
like individuals. 

31. Com; er joint charters of this 

and another State ; how taxed 

Banks and Banking Associa 

32. Bank stock to be listed at true value in 

mone\ , and taxed whirr' located 

33 Real estate of banks taxed where loca- 
.;i Banks shall keep a list of stockhi 

officers. 

S5 Pre-!, i, mm . to re- 

turn to Count; Auditor name- anil 
residences ol stockholders. 



ASSESSMET OF TAXES. 



39 



3 BO 

38. County Auditor to deduct from total 
\ Line of stock, value of the real es- 
tate of bank, and tax remainder. 

37. Tax. - assessed on bank stock to re- 
main a lien till paid ; aflernotice not 
transferable till taxes paid. 

33. Hanks may pay taxes on shares. 

.?'. If stock not returned to County Audi- 
tor lie shall examine books and per- 
sons : penalty for failure to make re- 
turn to Auditor. 

tn Banks and bankers to make statement 
to County Auditor. 

41. Average to be obtained by adding 
amounts and dividing by number of 
mouths. 

12. What shall constitute a bank, banker 

or bankers. 

13. County Auditor to have same power in 

reference to bankers as to individ- 
uals, &c ; penalty for false return. 

Pawnbrokers and Miscellaneous Pro- 
visions 

11. Pawn brokers to make returns to the 
Assessor. 

15. Persons claiming to be non-property 
holders required to make oath ; pen- 
alty. 

4*1. Proceeds of mines to be taxed. 

17. State Auditor to prescribe forms of re- 
turns and oath. 

13. County Auditor to ascertain the value 
of property of persons who do not 
make a sta'tement. 

49. Persons failing to list property, the 

value thereof shall be added to list 
of next year with rifty per cent, pen- 
alty. 

50. All real and personal property to be 

valued at its true value in money; 
to be determined by selling price. 

51. Money, bankbills, and other bills, law- 

fully circulating as money, valued at 
par ; how valuations to be made. 

52 Assessments of personal property, and 

new valuations of real property, to 
be made between 2d Monday of July, 
ami 2d Monday of August, annually; 
returns to be made. 

53. Coitnty Auditors shall make alphabeti- 
cal lists of the names of all persons 
to whom forms are delivered ; state- 
ment of new structures. 

51 County Auditors shall make lists of 
property owners, and enter value of 
property taxable, &c. 

55. County Auditors, annually, when tak- 

ing list of personal property, shall 
take lists of real property not before 
listed ; additions and deductions to 
be made to lists. 

56. County Auditors to state, in column 

of remarks, the amount he believes 
shall be added to list of tax payers ; 
duty after return made as to proper- 
ty not returned. 

57. Form of oath for County Auditors to 

take and attach to personal property. 
53. Person, company or corporation com- 
mencing business after 1st day of 
July, the capital of which shall not 
have been previously listed, to make 
return in thirty days. 

53 County Auditors to ascertain all per- 

sons commencing business after 1st 
of July, annually. 
GO. Penalty" for failing to report com- 
mencement of business to County 
Auditor. 

61. County Auditors to make out correct 

descriptions of each tract or lot of 
real property in his County ; owners 
required to furnish same. 

62. County Auditor authorized to enter 

and examine buildings, &c, to as- 
certain value. 

'13. County Auditor to make return in ta- 
bular form ; contain names of per- 
sons and corporations owning pro- 
perty ; value of property, 

64. County Auditor to enter in list a de- 
scription of real estate not taxed. 



Sec. 



Boards of Equalization. 



05. A County Board of Equalization ; Spe- 
cial Board for city of Charleston; 
equalization of values; raising and 
reducing of values : aggregate value 
not reduced; record of proceedings. 

66. County Auditor to make return to 
State Auditor before 30th of Septem- 
ber of abstract of real property ; con- 
tain what. 

07. State Board of Equalization to consist 
of one member from each congres- 
sional District; elected in 1870, and 
every lift h year thereafter; Governor 
to fill vacancies ; duties and powers. 

68. County Board of Equalization to be 

composed of County Commissioners, 
County Auditor and County Trea- 
surer : powers and duties; proviso. 

69. Special Board of Equalization for city 

of Charleston ; powers and duties. 

70. County Auditors to lay valuation be- 

fore Board of Equalization ; shall 
keep a journal of proceedings; power 
of City Board, and County Board of 
Equalization. 

71. County Auditor to adjust value of real 

estate according to order of Board of 
Equalization. 

72 State Auditor to transmit statement to 

the County Auditors, who shall add 
to, or deduct from, the per centum 
on valuation as ordered. State Au- 
ditor to give notice to County Audit- 
ors of rate of taxation. 

73 State Auditor to prepare and transmit 

forms to County Auditors. These 
instructions to be obeyed. 
71. County Auditors shall make schedule 
of taxable property, and deliver the 
same to County Treasurer. 

75. County Auditor to determine the sums 

to be levied upon each lot of real 
property. 

76. Fractional assessments ; what extent, 

and how made. 

77. County Auditor to enter taxes on du- 

plicate retained in his own office ; 
how entered on County Treasurer's 
duplicate. 

78. County Auditor to make record of de- 

linquents. 

79. County Auditors may correct omis- 

sion's. 

80. County Auditor to examine persons or 

corporations suspected of making 
false returns. 

81. If a party or witness refuse to appear 

and be sworn, or answer, to be 
deemed guilty of contempt ; punish- 
ment. 

82. If, upon examination, County Auditor 

finds false return made, he shall 
make true return, and add fifty per 
cent, as penalty. 

S3. Who shall pay expense of examination 
before Auditor. 

81. Fees to be allowed for service of sum- 
mons by Sheriff or Constable. 

85. County Auditors to add value of pro- 

perty not returned by owner, and 
penalty of fifty per cent. 

86. Persons failing to make required re- 

turns ; penalty. 

87. County Auditor shall receive returns 

from persons who have been sick or 
absent. 

88. bounty Auditor shall correct valuation 

of real property where structures of 
one hundred dollars or more in value 
have been made or destroyed ; pro- 
viso. 

89. County Auditor to transmit ab straet 

of duplicate of his County on or be- 
fore the 20th of November. 

90. County Auditor to attend in his office 

on or before the 15th of January, an- 
nually, to make settlement with 
County Treasurer ; what settlement 
shall be; only three causes justify 
failure to collect taxes. ' 



40 ASSESSMENT OF TAXES. 

Sec. 

ol. County Auditor to ascertain true 92. County Auditors may appoint assist- 
amount collected by Treasurer on i ants •, compensation for such assist- 

. , z, , ants, how to be oo! awed, 

account of each mud, and give set- .,;, when offices of Auditor^ shall be open 
tlenient to Treasurer. to receive returns. 

Persons and Properly Subject to Taxation. 

ah real and Section 1. That all real and personal property in this State, and per- 
P ert° D rn 'the sona l property of residents of this State, which may be kept or used tem- 
.",,;' ' porarily out of the State, with the intention of bringing the same into 
constitution, the State, or which has been sent out of the State for sale and not yet 
xiv,27. ' " sold; all moneys, credits, investments in bonds, stocks, joint stock com- 
panies, or otherwise, of parties resident in this State, shall be subject to 
taxation. 

Every per- Sec. 2. Every person shall be liable to pay taxes and assessments on 
ieai se estate the real estate of which he or she may stand seized for life, by courtesy, 
eson same. * in dower, as husband in right of his wife, or may have the care of, as 
lb., m, § 133. guardian, executor or trustee. 

Executors, Sec. 3. All executors, administrators, guardians trustees, receivers, 
tori! 11 ]:" 1 * per- officers, husbands, fathers, mothers, agents or factors, shall be personally 
for aU3 taxes— liable for the taxes on all personal property which they are required, 
how collect- respectively, to list for taxation by the provisions of this Chapter, and 
lb., § 138. which was in their possession at the time when the return thereof for 
taxation shall have been made by themselves or the Assessors, and may 
retain in their hands a sufficient amount of the property, or proceeds 
thereof, to pay such taxes for the entire year ; and the County Treasurer 
may collect such taxes by any and all the means provided by this or the 
following Chapter, either of the principal or beneficiary, or of the per- 
son so acting as executor, administrator, guardian, trustee, husband, 
father, mother, agent or factor, receiver or officer. 

Sec. 4. The phrase " real property," as used in this and the following 
"real proper- Chapter, shall be held to mean and include not only land, citv, town and 

ty," "person- . . . . 

at property,-' village lots, but all thinjrs therein contained, and all structure.-, and other 

"moneys,'' . 

and"cred its.'' things so annexed or attached thereto as to pass to the vendee by the 
lb., 27, §2. conveyance of the land or lot. The phrase "personal property," as used 
in this> and the following Chapter, shall be held to mean and include all 
things, other than real e>tate, which have any pecuniary value, and 
moneys, credits, investments in bonds, stocks, joint stock companies, or 
otherwise. The term " moneys" or " money," as used in this and the 
following Chapter, shall be held to mean and include gold, silver, 
and other coin, bank bills, and other bills or notes, authorized to 
be circulated as money, whether in possessijn or on deposit subject to the 
draft of the depositor or person having the beneficial interest therein on 
demand. The term " credits," as used in this and the following Chapter, 
shall be held to mean the remainder due, or to become due, to a party 
after deducting from the amount of all legal debts, claims and demands 
in hi- favor, the amount >>t' all legal debts and demands against him, 
whether such demands be payable in money, labor or other valuable 



ASSESSMENT OF TAXE'. 41 

things. But, in ascertaining such remainder, no deduction shall l>e made 
of any obligation to any mutual insurance company, given for insurance, 
ni r of any subscription to the capital stock of any joint stock company, nor 
of any tax - ass ssed against the party, nor of any subscription to any reli- 
gious, scientific, literary or charitable purpose, nor of any acknowledgment 
of a liability not founded on a legal and valuable consideration, nor any 
more of any joint liability with others than the party honestly believes 
he will be compelled to pay, nor any contingent liability, nor of any ac- 
knowledgment of debt or liability made for the purpose of diminishing 
the amount of credit to be returned for taxation. The phrase '■ invest- "Invest- 

1 ments in 

ments in bonds," as used in this and the following Chapter, shall be held bonds." 
to mean all investments of money or means in bonds of whatsoever kind, 
whether issued by the Government of the United States, or of this or any 
other State or Territory of the United States, or any foreign Govern- 
ment, or any county, city, town, or other municipality, or by any 
corporation or company of this or any other State or country. The 
phrase "investments in stocks," as used in this and the following Chap- „ , 

ter, shall be held to mean and include all investments of money or ments in 

J stocks." 

means in the evidences of indebtedness, other than bonds or bills designed 

to circulate as money, issued by any government or municipality, and 

shares of the capital of any corporation, company or association, and 

every interest in any such shares, or portion thereof; also, all interests 

or shares in ships, boats, or other vessels, used, or designed to be used, 

exclusively or partially, in navigating the waters within or bordering on 

this State, whether such ship, boat or vessel be within the jurisdiction of 

this State or not, and whether such vessel be registered or licensed at 

any Collector's office in this State or not. The word "oath," as used in "Oath." 

this and the following Chapter, shall be held to mean and include an 

affirmation duly made. The words "person" and " party," and other "Poison" 
". . -ii i • i and "party." 

word or words importing the singular number, as used in this and the 

following Chapter, shall be held to include firms, companies, associations 

and corporations ; and all words in the plural number shall apply to 

single individuals, in all cases in which the spirit and intent of this and 

the following Chapter requires it. All words in this and the following 

Chapter, importing the masculine gender, shall apply to females also ; 

and all words in this and the following Chapter, importing the present 

tense, shall apply to the future also. 

Sec. 5. There shall be assessed on all taxable polls in this State, an Males be- 
annual tax of one dollar on each poll, the proceeds of which tax shall be so years" taxa- 
applied solely to educational purposes. Every male between the ages of eep.ion. ° SB " 
twenty-one and fifty years, except those incapable of earning a support r Ib ^;- 4 t 'l- 43 ' 
from being maimed, or from any other cause, shall be deemed taxable Alt - 9 -> § 2 - 
polls.* 



*Note. — The last sentence in this Section is suggested from the Act to raise sup- 
pliea tV'r 18>5G, though that Act i- now obsolete. Some provision of the kind is ne- 
cessary, and this is, therefore, suggested. 



Churches, 



42 ASSESSMENT OF TAXES. 

Property Property Exempt from Taxation. 

exempt Irom l J I J 

taxation. 

Constitution, Sec. 6. The following property shall be exempt from taxation, to 

1868. XIV, 23, wit: 
§3. 

of public 1st. All public schools, and the grounds actually occupied by them, 
schools. ... ... 

not exceeding, m any case, three acres. 

2d. All houses used exclusively for public worship, the books and 
furniture therein, and the ground actually occupied by them, not exceed- 
ing, in any case, two acres. 

3d. All incorporated public colleges, academies, and institutions of 
of learning. 113 learning, with the funds provided for their support, and the grounds and 
buildings actually occupied by them, and not used with a view to pecu- 
niary profit ; but this provision shall not extend to leasehold estates 
held by others under the authority of any college or other institution of 
learning. 

4th. All real and personal property, the rents, issues, incomes and 

Endowment l f -ni ■ 

or support of profits of which have been or shall be given to any city, town, village, 
public schools r , , ,. . , ,. . . , . „ , . , \. ' ° 

school district or sub-district m this btate, exclusively tor the endow- 
ment or support of public schools therein, so long as such property, or 
the rents, issues, incomes or profits thereof shall be used or applied ex- 
clusively for the support of free education in said schools, by such city, 
town, village, district or sub-district. 

5th. All grave-yards or cemeteries, except such as are held with a 
view to profit or speculation in the sale thereof. 



Cemeteries. 



&c. 



u.s. and state 6th. All property owned exclusively by the United States or this 

property. g^ 

7th. All buildings owned by Counties and used exclusively as court 

County build- ° • ., , -, , . , , , ., ,. 

ings. houses, jails or public offices, with the grounds on which such buildings 

are or may be erected, not exceeding ten acres in any County. 

Poor houses, 8th. All lands, houses, fixtures and property owned by any County or 
city, and used exclusively for the support of the poor. 

charitable 9th. All property belonging to institutions of purely public charity, 
institutions. aQ( j ugg( j exc i us ; ve iy f or the maintenance and support of such institu- 
tions, 
lire engines, 10th. All fire engines and other implements used in the extinguish- 
thereto up- ment of fires, with the buildings and grounds used exclusively for the 
ng ' keeping and preservation thereof, when owned by any city, town or vil- 
lage, or any fire company organized therein. 

Of public 11th. All public squares or grounds and market houses owned by any 
city, village or town, and used exclusively for public purposes. 

Of public 12th. All city, town and village halls owned and used exclusively foi 
public purposes, by any city, town or village. 

loth. All water works to supply water for the use of a town or city, 
«oi s. t ] ie macn j ner y an( ] fixtures connected therewith, and the grounds occu- 
pied thereby, when owned by any city or town. 



halls 



ISBESSMENT OF TAXES. 43 

14th. All bonds of this State which, by the terms of the Act under Bonds of this 

' •' State. 

which they are or may be issued, are or may be exempted from taxa- 
tion. 

loth. All bonds and stocks of the United States, which are not au- u. s. bonds, 
thorized by the laws of the United States to be taxed under State au- 
thority. 

16th. All rents accruing from real estate which shall not become due _J^ enti? j 

1 871 \ I V 

within two months after the first day of July of the year in which taxes 619, § i,«f2. 
are to be assessed thereon. 

17th. All of any annuity not payable on or before August first of the Annuities. 
year for which taxes are to be assessed thereon. Ib- 

18th. All pensions payable to any person by the United States, or any Pensions. 
State of the United States. 



Shares. 



19th. All shares of the capital stock of any company or corporation, 
which is required to list its capital and property for taxation in this 
State. 

20th. All the wearing apparel of the person required to make return, wearingap- 
and his family. parel. 

21st. Articles actually provided for the present subsistence of the per- subsistence. 
son or his family, to the value of one hundred dollars. 

Return and J. < ma\( of Properly. 

Sec. 7. Every person, of full age and of sound mind, except married who snail 

i ii 11 t n i o n 1 l' 9t personal 

women, shall aunually list tor taxation the following personal property, property for 

taxation, anil 
to Wit: what. 

1st. All the tangible personal property in the State owned or con- '■ *' ' 
trolled by him. 

2d. All the tangible personal property owned by him or other residents out of the 
of South Carolina, and under his control, which may be temporarily out 
of the State, but is intended to be brought into the State. 

3d. All tangible personal property owned or controlled by him which 
may have been sent out of the State for sale, and not yet sold; and, 

4th. All the moneys, credits, investments in bonds, stocks, joint stock Moneys, cre- 
companies, or otherwise owned or controlled by him, whether in or out ' lts ' c c ' 
of this State. The property of every ward shall be listed by his guar- w no sna n 
dian ; of every minor child, having no other guardian, by the father, if h3t P r °P ert y- 
living; if the father be dead, by the mother, if living; if the mother be 
dead or married, by the person having it in charge; of the wife, by the 
husband, if living and sane, and the parties are residing together ; if the 
husband be dead, or is insane, or is not living with his wife, by the wife; 
of every person for whose benefit property is held iu trust, by the trustee; 
of every deceased person, by the executor or administrator; of those 
whose property or assets are in the hands of receivers, by such receivers; 
of every firm, company, body politic or corporate, by the President or 
principal accounting officer, partner or agent thereof; of all persons iu 



44 ASSESSMENT OF TAXES. 

the hands or custody of any public officer or appointee of a Court, by 
such officer or appointee; of those abseDt or unknown, by their agent 
or the person having it in charge ; of leasees of real property, by such 
lessees. 

Trustees Sec. 8. All persons required by law to list property for others shall 

to list trust 1/1 * ** 

property sep- hst it separately from their owu, and in the name of the owner thereof; 

arate from 

their own. but shall lie personally responsible for the taxes thereon for the year in 

ib.,5o. which they list it, and may retain so much thereof, or the proceeds 

of the sale thereof, in their own hands as will be sufficient to pay such 

taxes. 

ah personal ^ £C - ®' All horses, neat cattle, mules, asses, sheep, hogs, wagons, carts 
ed where sWu! an 'l oloer vehicles used in any business; furniture and supplies used in 
ated - hotels, restaurants, and other houses of public resort; all personal prop- 

erty used in, or in connection with, storehouses, manufactories, ware- 
houses, or other places of business ; all personal property on farms ; all 
merchants' and manufacturers' stock and capital, shall be returned for 
taxation, and taxed in the city, village and town in which it is 
situated; all bankers' capital and personal assets, pertaining to their 
banking business, in the city, town and village in which the banking 
house is located; all shares of stock in incorporated banks located 
in this State, in the city, town and village where the bank is lo- 
cated; all property of deceased persons shall be returned for taxation 
at the residence of the executor, or administrator, if iii the County where 
administration may be legally grantable; but, if the executor or admin- 
istrator reside out of such County, at the County seat of such County, 
until distribution thereof and payment may be made to the parties enti- 
tled thereto; and all other personal property shall be returned for taxa- 
tion, and taxed at the place where the owner thereof shall reside at the 
time of listing the same, if the owner reside in this State; if not, at the 
residence of the person having it in charge; and all real estate shall be 
taxed in the County, city, ward and town where it is located. 

Return of S EC - 10- Every person required by law to list property shall, annually. 
ije°ra"fe he- between the first day of July and the twentieth day of August, make 
an^Augustf out an( l deliver to the Auditor of the County in which the property is, 
1 1 •.731, § 7; by law, to be returned for taxation, a statement, verified by his oath, of 
all the real estate which has been sold or transferred since the last list- 
ment of property, for which he was responsible, and to whom, and of all 
the personal property possessed by him or under his control on the first 
day of July of that year, either as owner, agent, parent, husband, guar- 
dian, executor, administrator, trustee, receiver, officer, partner, factor or 
holder, with the value thereof, on said first day of July, at the pla 
return, estimating according to the rules prescribed by law, which state- 
ment shall set firth: 

What shall 1st. The number of horses, and their value. 
be returned. . 

I'd. The number of neat cattle, and their value. 

3d. The number of mules and asses, and their value. 



ASSESSMENT OF TAXES. 15 

4th. The number of sheep and goats, and their value. 

5th. The number of hogs, and their value. 

6th. The value of gold and silver plate, and number of gold and silver 
watches, and their value. 

7th. The number of piano fortes, melodeons and cabinet organs, and their 
value. 

8th. The number of pleasure carriages, and their value. 

9th. The number and value of dogs. 

10th. The value of goods, merchandise, moneys and credits pertaining 
to his business as a merchant. 

11th. The value of materials received, used, or provided to be used, in 
his business as a manufacturer. 

12th. The value of all machinery, engines, tools, fixtures and imple- 
ments used, or provided for his use, in his business as a manufacturer, 
and of all manufactured articles on hand one year or more. 

13th. The value of moneys, including bank bills and circulating 
notes. 

14th. The value of all credits. 

15th. The value of investments in the stocks of any company or cor- 
poration out of this State, except National Banks. 

16th. The value of all investments in bonds, except bonds of the 
United States and this State expressly exempted from taxation. 

17th. The annual value of all leases except permanent leases. 

18th. The value of all other property. 

Sec. 11. Any person who shall, at any place in this State, be engaged w llf . deem- 
in the business of buying and selling personal property, or in selling merchant? ' % 
personal property consigned to him from any place out of the State, or m£ie ™ turas 
property not the product of this State, consigned to him from any place _ nT. 
within this State, shall be held to be a merchant, and, at the same time § i. V 4 ; 'i»?i,' 



he is required to list his other personal property, shall deliver to the 
Auditor of the County in which his place of business is situated a state- 
ment, under his oath, of the average monthly value of the personal 
property, moneys and credits pertaining to his mercantile business ; to 
ascertain which, he shall set down the value on hand on the first day of 
July of the preceding year, or other time of commencing business during 
the year, add thereto all purchases, when made at cost, ascertain the av- 
erage value on hand for the mouth, deduct the average amount of sales 
for the month, at cost, and the remainder shall be the average on hand 
for that month ; and, in like manner, ascertain the average value for 
each month, down to the first day of July of the year in which the re- 
turn is to be made, add together such monthly values, divide the aggre- 
gate by the number of months he has been in business during the prece- 
ding year, as aforesaid, and to the quotient add the moneys and credits 
on hand the first day of July of the year in which the return is made, 
and the product of this last addition shall be the sum upon which he- 
shall pay taxes for the year in which the return is made. 



XIV, (523, § 1. 



40 ASSESSMENT OF TAXES. 

who to lie Sec. 12. Every person engaged in making, fabricating or changing 

deemed man- , . . „ „ . c . .„ . . . . ... 

ufacturer. things into new forms for use, or in refining, rectifying or combining dif- 
re < turns. m ' ' ferent materials for use, shall be held to be a manufacturer, and shall, at 
and mamifac^ the same time he is required to list his other property, make and deliver 
onhamimore to the Auditor of the County in which his place of business is situated, 
ie a returnea!° a statement of the average value, estimated as provided in the preceding 
lb.. -K, § 9; Section, of all articles purchased, received, or otherwise held for the pur- 

1871, XIV, 619, ' . .,,..,.'.' . , . , * 

s l, it 5; 1871, pose of being used by him in his business, at any time during the year 
preceding the first day of July of the year in which the return is made ; 
and he shall also list, at their full value, all machinery, tools, implements, 
fixtures and engines, used, or purchased for use, in his business, (except 
such as have been appraised for taxation as part of the realty,) together 
with all manufactured articles which have been on hand and remained 
unsold for one year or more prior to the first day of July of the year in 
which the return is made; also, all the moneys and credits pertaining to 
Proviso. sa 'd business, on hand on said first day of July : Provided, That all 
materials provided for use in said business shall be estimated as on hand 
until sold, or remain on hand in a manufactured state for one year. 

Road bed Sec. 13. The road bed, right of way, station buildings, toll houses, 
&e' Jt &c w *or structures, tools, machinery, poles, wires, fixtures, vessels and real estate, 
i)iVn'k P 'road owne( l anc ' necessarily in daily use by any turnpike, plank-road, bridge, 
bridge, tele- telegraph, canal or slack water navigation company, in the prosecution 

graph compa- o c > & I . > 1 

ny, deemed f ; ts business, shall, for the purposes of this Chapter, if the company be 

per-onal pro- i r i ' i 

perty. ^ organized in this State, be held to be personal property, and the Presi- 
witb other dent, Secretary, or principal accounting officer thereof, shall include the 

personal pro- . 

perty. value thereof in the return of the other personal assets of such company 

-\iV,-;.'. , , : « '<.''' for taxation; which return shall be made in the month of July, or before 
the twentieth of August, annually, to the several Auditors of the Coun- 
ties in which such road, canal, bridge, telegraph line, or slack water 
navigation may be situate, according to the value of such property in 
each, together with a statement of the amount of such assets situate in 
each city, town, village or ward in said Counties, respectively ; and the 
value of the movable assets of such company shall be apportioned to 
each town, city, ward, or village, in proportion to the value of the 
road bed, canal, slack water navigation, bridge or telegraph line in 
each. 

President Sec. 14. The President and Secretary of every railroad company whose 
ryof railroad track or road bed, or any part thereof, is in this State, shall, annually, 
i3''n't'ui'ns between the first of July and twentieth of August, return to the Auditor 
July an" 20th °f State, under tbeir oaths, the total length thereof in each County, 
stat^iuaito? town, city and incorporated village in this State, the total length of 
(■..main what. t ne j r double track in this State, and the length thereof in each County, 
xiv, g.o,'«' l. ' town, city, and incorporated village of this State, the total length of all 
their side tracks, and the length thereof in each city, County, town and 
incorporated village in this State; the location and value of all their 
shops, depots, grounds, station houses, wood and water stations, build- 
ings, stationary engines, tools, implements and fixtures in South Carolina, 



ASSESSMENT OF TAXES. 47 

and all other real estate necessary to the daily running operations of the 
road; the number and value, each, of all their locomotive engines, pas- 
senger, freight, platform, gravel, construction, hand and other car-; the 
value of their moneys and credits; the total value of the entire road 
appurtenances and equipments, and the total value of said road in South 
Carolina, with its appurtenances and equipments. 

Sec. 15. The President and Secretary of every railroad company, men- p re9 j,jent & 
tioned in the preceding Section, shall also, annually, between the first of rafiroad^om- 
July and the twentieth of August, return to the County Auditor of each 5?*^*° mak ^j 
Countv in South Carolina, through or into which such road, or any part <-' OUMtv Auai- 

•> ° > j i torsameasto 

thereof, may be located, a statement of the value of said road, and the state Au d itor 
property of the company in said County, and in each of the towns, cities isn, xitf, 640,' 
and villages of said County, through or into which said road, or part 
thereof, is located, in the manner and form required by this Chapiter in 
the return to the Auditor of State. 

Sec. 16. In ascertaining the value of the road and property of any How- the va- 

railroad company, the value of the right of way, bed and track of the Ji"^^"^* 4 . 

whole road shall be fixed, and such value apportioned pro rata to each ) vluu stated 

11 l in return. 

mile of the main track ; and to the value of the number of miles of main it)., § i& 
track in each town, city and incorporated village of each County in this 
State, through and into which said road is located, shall be added the 
value of the real estate, fixtures, stationary engines, tools, implements, 
machinery, and other stationary property provided for use in the daily 
operations of the road, situate in said town, city or village; and the total 
value of the rolling stock, moneys and credits, shall be apportioned pro 
rata to each mile of the main track of said road, and the amount thereof, 
according to the number of miles of main track in each town, city and 
village in this State, added to the value of the main track in such town, 
city and village, respectively; and the aggregate value of said road and 
property in this State, and in each County, city, town and incorporated 
village of this State, through or into which said road is located, shall be 
stated in said return. 

! Sec. 17. The return and oath required by this Chapter of officers of in^u™ "o^m 
railroad companies, shall be made in such form as shall be prescribed by Amtitor! 
the Auditor of State. ~Tb., § ii~ 

Sec. 18. If any railroad, its appurtenances, equipments, &c, shall be Recelver to 
in the hands of a receiver or other officer, such receiver or other officer make re turns. 
shall make the returns required by this Chapter. 

Sec. 19. The Auditor of State, or any person appointed by him for „ ?°Y e l. of 

- x x I J State Auditor 

that purpose, may put any question, in writing, he may deem proper, to to put ques- 
anv officer, agent or receiver of any railroad company having any por- make exami- 

' c • —7 nations by 

tion of its track in this State ; and he may summon any officer, receiver himseif-or by 
or agent of such company to appear before him and testify, tinder oath. 
(which oath said Auditor is authorized to administer,) touching such rail- 



£8 ASSESSMENT OF TAXES. 

Penalty for road company's property, and the management and disposition thereof; 
fufai to sui> and he may, by himself, or some person appointed by him, examine the 
nation. X ml " books and papers of such company, in the hands of the company, or any 
ib., § is. f it s officers, agents or receivers ; and all such officers, agents and re- 
ceiver- shall answer, under oath, all such questions as shall be put to 
them, or either of them, by said Auditor, or any person appointed by him 
for that purpose, relative to the condition, amount and value of said com- 
pany's property, and the management or disposition thereof; and if any 
such officer, receiver or agent shall refuse or neglect to appear before 
said Auditor, or the person appointed by him, or to answer any question 
put to him or them, as aforesaid, or submit the books and papers afore- 
said for examination, in manner aforesaid, he shall be deemed guilty of 
a misdemeanor, and, upon indictment and conviction therefor, in the 
Court of General Sessions for any County, (which Court shall have com- 
plete and full jurisdiction in all such cases,) shall be fined in any sum 
not exceeding five hundred dollars, and costs of prosecution, and con- 
fined in the jail of said County until he answers all questions which may 
be put to him by the Auditor of State, and until said fine and costs be 
paid. 

state Board Sec. 20. The Auditor of State, Treasurer of State, Secretary of State, 
tiontoeqnak Comptroller General and Attorney General of the State shall constitute 
of 6 P raUroa5 a State Board of Equalization, (a majority of whom shall constitute a 
comimnies^ , |UO rum for the transaction of business,) who shall meet at the office of 

lb.. 34. § 17 5 ' 

icti, xiv, 620, the Auditor of State, at the capital, on the second Wednesday of Sep- 
tember, annually, and equalize the value of the property of railroad 
companies whose roads are wholly or partially in this State, as returned 
to the Auditor of State, u-der the provisions of this Chapter, by increas- 
ing the value of the roads and property of such companies as shall have 
been, in their judgment, returned at too low a valuation, and dimini.-h- 
ing the values of such as may have been returned at too, high a valua- 
Eecortis to tion. They shall keep a record of their proceedings, which shall be 

the Auditor signed by all the members present, and deposited with, and kept by, 
the Auditor of State; and a majority of the members present shall 
be competent to decide all questions which may come before said 
Board. 

Sec. 21. The Auditor of State shall eertifv to the County Auditor of 
tor to certify each County in which any railroad, or part thereof, may be located, the 
drtors 111 deter- valuations of railroad property in said County, as returned to him, with 
State Board of all additions made to, or deductions from, the valuation of the property 
Equalization. f anv railroad company in said County by the State Board of Equaliza- 
tion: and the County Auditor shall charge the railroad company in the 
several towns, cities and incorporated villages of their County, for taxa- 
tion, with the valuations returned by such company or companies, after 
adding thereto, or deducting therefrom, the amounts directed by the 
Auditor of State. 



ASSESSMENT OF TAXES. 49 

Pec. 22. If any railroad company, or its officers, shall fail to make the if r. r ccs 

" .. -ii !•/-., i p ^ ail to make 

returns to the Auditor ot state required by this Chapter, on or before return, state 

the 20th day of August, aunually, the State Board of Equalization shall Equalization 
proceed to ascertain the value of said company's road and property, ac- turns for 
cording to the principles prescribed in this Chapter, from the best in- best infortna- 
formation they can conveniently obtain, and add thereto fifty per Veimity. 
centum as penalty, and apportion the same to the several Counties, G .,J b ^l 19; 1871 ' 
towns, cities and incorporated villages, through or into which said road, 
or any part thereof, may be located. And the State Auditor shall cer- 
tify the same to the several County Auditors, who shall place the same tor shall cer- 
on their duplicates for taxation ; and if any such company, or it~ Auditors. 
officers, shall fail to make the return to any County Auditor required 
by this Chapter, the State Auditor shall ascertain the amount properly 
chargeable to such company in said County, and certify the same to the 
proper County Auditor, adding ten dollars thereto as penalty, (the whole 
of which penaltv shall be paid into the State Treasurv,) and the County county com- 

. . . ..,..' nijssiouers. 

Commissioners shall charge such company, in the proper municipalities, 
with the taxes on the value so certified by the State Auditor, and charge 
said company on the duplicate, separately, with said ten dollars, without 
charging any taxes thereon, and the County Treasurer shall pay the 
same into the State Treasury at his first annual settlement after the col- 
lection thereof. 

Express and Telegraph Companies. 

Sec. 23. Any person or persons, company or corporation, engaged in Expre5S Com . 
the business of conveying to, from, or through this State, or any part pany ^_ er "."^ a 
thereof, moneys and other personal property, shall be held to be an ex- isti,'xi\ 
press company: and any person or persons, company or corporation, 
engaged in the business of transmitting messages to, from, or through 
this State, or any part thereof, shall be held to be a telegraph company; company* a ae- 
and any such company, having its principal office out of this State, shall, flUL ' a - 
annually, in the month of July, or before the twentieth of August, by 
its principal agent in this State, make out and deliver to the State Audi- Timak-e re- 
tor, a statement, under oath, showing the value of all its personal prop- ant" 3 county 
erty in this State, including poles, wires, batteries, machinery, materials f\^ 4hat. " ' 
and apparatus, and the Counties, cities, towns ai\d incorporated villages 15 Rich., 66. 
in which the same may be situate, together with the gross earnings of 
said company in this State, for business done in this State the year end- 
ing the first day of that month, and the company's proportion of receipts 
for business done in connection with the lines of other companies out of 
this State, from the aggregate of which shall be deducted the amount 
paid out of any such express company to railroad and other transporta- 
tion companies in this State, for transporting the property carried over 
said transportation lines in this State ; and which statement shall show 
the value of said property and receipts, after making the deduction afore- 
said, by any such express company in each County, town, city and in- 
corporated village in which such express company has an agency or 
agencies, and from which aggregate shall be deducted, by any such tele- 
7 



Proviso. 



50 ASSESSMENT OF TAXES. 

graph company, the expenses of the office in this State, to which all 
other agencies of the company in this State are required to make returns, 
' except rents and officers' salaries; and which statement shall also show 
the aggregate value of the property and receipts aforesaid, after making 
the deduction aforesaid in each County, city, town and incorporated vil- 
lage in which such telegraph company may have an agency or agencies; 
and said company, by its said principal agent, shall, also, between the 
first of July and twentieth of August, annually, deliver to the Auditor 
of each County in this State, in whose County such company may have 
an agency or agencies, a statement of the proportion of the net value of 
the property and receipts aforesaid, showing the amount thereof in each 
town, city and incorporated village in which it has any agency or agen- 
cies ; ami said company shall be charged 011 the duplicate of each of -aid 
Counties with taxes on the amount so returned iu each town, city and 
village aforesaid: Provided, That ordinary transportation companies, en- 
gaged exclusively in the transportation of merchandise over the rail- 
roads and canals of this State, in connection with other roads, canals, or 
lines of navigation, shall not be considered express companies, within the 
meaning of this Chapter. 

Express and Sec. 24. If any express or telegraph company shall fail to make and 
ConfplniesVo deliver to the State Auditor the statement required by this Chapter, ou or 
forfeit $5uo for before the twentieth day of August, annually, such company shall forfeit 

failure to •> o' j > i j 

make return arj( j pa y to the State of South Carolina five hundred dollars, as a pen- 
to State Audi- * •> * 

tor— %io for a lty, an( J the State Auditor shall certify the fact of such failure to the 

failure t o •> ' J 

make returns Auditor of any County in this State in which said company may have 

to County Au- . . 

ditor. Mode an officer or an agent, and said Auditor shall place the same on the dupli- 

of assessment . ' , . 

where failure cate of said County, and collect the same in the same manner as taxes 
to make re- - 

turns, and are collected, and pay the same over to the State .treasury, at his next 
penalty. . , . . _, r , 

lb., § 21- 1871 annual settlement with the Auditor of State; and if any express or tele- 

xi\,6io, «[ 5 graph company shall fail to make to the Auditor of any County iu this 
State, the statement required by this Chajiter, on or before the last day 
of September of any year, such County Auditor shall notify the State 
Auditor thereof; and if the State Auditor shall have received from said 
company the statement required by this Chapter to be made to him by 
said company, he shall certify the amount returned as in said County to 
such County Auditor, and add thereto, as penalty, the sum of ten dol- 
lars, which shall be charged to said company on the duplicate of -aid 
County, collected and paid over to the State Treasurer in the same man- 
ner herein provided as to the penalty for not making the return to the 
State Auditor: Provided, That if any express or telegraph company 
shall fail to return the statement required by this Chapter to the State 
Auditor, and the State Auditor shall certify such failure to any County 
Auditor, such ( 'ouiity Auditor shall proceed to ascertain the gross re- 
ceipts of each agent of said company in his County, for the year ending 
the firsl day of July of that year, together with the value of all other 
property of the company in his County, add fifty per cent, thereto as 
penalty, and charge the company with taxes thereon, at the several lo- 
calities required by this Chapter, without any deduction for expenses 



ASSESSMENT OF TAXES. 51 

paid out by the company. And if any such company r-liall have no 
principal office or agency in this State to which the other agents in the 
State are required to make return, each agent thereof in any County 
shall make return in the month of July, or before the twentieth of Au- 
gust, annually, of the gross receipts of his agency, for the year ending 
the first day of that month, with the value of all other property of the 
company in the city, village or town in which his agency is situate, and 
the County Auditor shall charge the company with taxes thereon, at the 
same rates as other property in the same localities; and if such agent or 
agents refuse or neglect to make such return, the County Auditor shall 
ascertain the amount of such gross receipts and value of property, add 
fifty per cent, thereto as penalty, and charge such company with taxes 
thereon, at the same rates charged other property at the several localities 
where such piroperty may be situate and such agencies located. 

Sec. 25. All returns required by this Chapter to be made by express Express and 
and telegraph companies, having their principal offices out of this State, companies! 
shall be made in such form as the State Auditor shall prescribe; and the cipa" 8 office 
State Auditor is authorized to require answers, under oath, to any ques- n "' k ° returns 
tions he may put to the principal, or any other agent, of any of said j', 1 ,;^™" 1 ^v 
companies in this State, and to examine any of such agents, under oath, state Au ditor. 
relative to the property and affairs of such companies, and the manage- 
ment thereof, which oath he may administer; and, if any such agent 
shall refuse to submit, to such examination, or refuse or neglect to answer 
any such questions, he shall be deemed guilty of contempt of the State 
Auditor, and the State Auditor may certify the fact to the Court of Gen- 
eral Sessions of any County of this State, which shall issue a warrant for 
the arrest of such agent, in the name of the State of South Carolina, 
directed to the Sheriff of such County, who shall arrest such agent any- 
where in this State, and take him before said Court of General Sessions, 
and, upon hearing and conviction, such agent shall be fined by said Punishment 

Court in anv sum not exceeding five hundred dollars and costs, and be answer qnes- 

° tions of Audi- 

confined in the jail of the County where tried until such fine be paid, tor. 

and answers be given to all such questions as the State Auditor may pro- 
pound to him. 

Insurance Companies. 

Sec. 26. Each agent in this State of any insurance company organ- _ 
ized under the laws of anv other State or country, and doing business in suranee ag'ts 

i ip shall make re- 

this State, shall, annually, in the month of July, or before twentieth of turns. 



August, return to the Auditor of the County in which such agency is i8n,\\/v § «'2o ; 

located a sworn statement of the gross receipts of such agency for the " b ' 

year ending on the first day of that month, including all notes, accounts 

and other things received or agreed upon as a compensation for insurance 

at such agency, together with all the value of any personal property of 

said company situate at such agency; and the company shall be charged 

with taxes, at the place of said agency, on the amount so returned ; and sonafiy 9 P re- 

the agent shall also be personally responsible for such taxes, and may JUS* 8 for 



52 ASSESSMENT OF TAXES. 

retain in his hands a sufficient amount of the company's assets to pay the 
same, unless the same shall be paid by the company. 

state insuv- Sec. 27. Every insurance company, orgauized under the laws of this 
nies to make State, shall return all its personal property, moneys, credits, (including 
principal "ot^ notes taken on subscriptions of stock,) investments in bonds, stocks, se- 

ib 8 26 ia ) cur ' t ' es an d asse ts of every kind for taxation, at the place where its 
principal office is located. 

Companies and Corpora/ions. 
corporations Sec. 28. Any company or corporation, organized under the laws of 

and compa- ,, . ^ , . i r> ,, 

nies owning this state, and owning property in any other State or country, as well as 
and out or in this State, shall not be required to return its capital for taxation in 
turn only this State, but shall return such property as it owns in this State, and 
tlie P state for sucfl proportion of the value of its other property as, if owned by indi- 
vidual residents of this State, would be taxable in this State; and if such 



lb., § 24. 



return be made by such company, the shareholders therein shall not be 
required to return their shares for taxation. 



property in ^EC. ^9. A corporation organized under the laws of this State, but 
to^etum "or owning no property in this State, shall not be required to return its capi- 
" u - tal for taxation in this State. 

Ib., §25., 

companies Sec. 30. All companies and corporations, whether organized under the 
tionsnoTspe- ^ aws "^ tn ' s State or not, the manner of listing whose personal property 
ca'fortomake ' ls not otherwise specifically provided for by law, shall list for taxation 
indiyfduais* 6 a ^ their personal property and effects at the same time, in the same 
lb., §26, (3) manner and in the same localities as individuals are required to list simi- 
lar property and effects for taxation. 

Sec. 31. Any company incorporated under a joint charter granted by 

Companies ,. , , t, n ,, » . . ■ , . , 

under joint this and some other State or States, and the manner of taxing which, or 

tin's and ano- the amount upon which it shall be taxed, or the specific proportion of its 
bow taxed. ' capital or property upon which taxes shall be assessed in South Carolina 
ib.,§27. is prescribed or fixed in its charter, shall be assessed for taxation, and 
taxed as prescribed in its charter until otherwise legally provided. 

Banks and Banking Association*. 
„ , . , Sec. 32. All shares of the stockholders in any bank or banking asso- 

Bank stock * 

tobelistedat , i a rion, located in this State, whether now or hereafter incorporated or 

true value in ' 

money, and organized under the laws of this State or of the United Mates, shall be 

taxed where ° ... 

located. __ listed at their true value in money, and taxed m the city, ward, town or 
"'' 5 M " incorporated village where such bank is located, and not elsewhere. 

Real estate Sec. 33. The real estate of any such bank or banking association shall 
i.io'a- be taxed in the place where the same may be located, the same as the 
tb' gs, j .".i. lva ' 'state of individuals. 



ASSESSMENT OF TAXES. 53 

Sec. 34. There shall, at all times, be kept in the office where the busi- Banks shall 
ness of such bank or banking association is transacted, afull and correct stockiioide i 
list of the names and residences of the stockholders therein, and the of each, to be 
number of shares held by each, which shall be at all times, during busi- spection° "\" 
ncss hours, open to the inspection of all officers who are, or may be, au- cers. nUe ° 
thorized to list or assess the value of such shares for taxation. Ib -> § 80 - 

Sec. 35. It shall be the duty of the President and Cashier of every President 
such bank or banking association, between the first of July and twentieth of bank to re- 
of August, annually, to make out and return, under oath, to the Auditor ty n Auditor 
of the County in which such bank or banking association may be residences "of 
located, a full statement of the names and residences of the stockhold- ^f^"^"-," 
era therein, with the number of shares held by each, and the actual value siv, 620, K «. ' 
in money of such shares, together with a description of the real estate 
owned by said bank. 

Sec. 36. The Auditor of the County in which any such bank or bank- couuty au- 

ing association may be located, upon receiving the return provided for in duct from to- 

the thirty-fifth Section of this Chapter, shall deduct from the actual stock Value of 

total value of the shares in any such bank or banking association, the bank and tax 

appraised value of the real estate owned by such bank or banking asso- ^ " ai "" r ' — 
11 J ° lb., § 31. 

ciation, as the same stands assessed on the duplicate, and the remainder 
of the total value of such shares shall be entered on the duplicate of 
the County, in the names of the owners thereof, in amounts proportioned 
to the number of shares owned by each, as returned on said sworn state- 
ment, and be charged with taxes at the same rate as charged upon the 
value of other personal property, at the place where such bank or bank- 
ing association is located. 

Sec. 37. ADy taxes assessed on any such shares of stock, or the value Taxes as- 
thereof, in manner aforesaid, shall be and remain a lien on such shares bank'stock'to 
from the first day of July, in each year, until such taxes are paid; and, tfri'paid ' •!'- 
in case of the non-payment of such taxes, at the time required by law, transfer a bfe 
by any shareholder, and after notice received of the County Treasurer uirtaxespfUd 
of the non-payment of such taxes, it shall be unlawful for the Cashier, 620, «f 7. ' 
or other officer of such bank or banking association, to transfer, or per- 
mit to be transferred, the whole, or any portion, of said stock, until the 
delinquent taxes thereon, together with the costs and penalties, shall 
have been paid in full; and no dividend shall be paid on any stock so 
delinquent so long as such taxes, penalties and costs, or any part thereof, 
remain due or unpaid. 

Sec. 38. It shall be lawful for any such bank or banking association Bank may 
to pay to the Treasurer of the County in which such bank or banking shares! 
association may be located the taxes that may be assessed upon its shares, lh < § **■ 
as aforesaid, in the hands of its shareholders, resjiectively, and deduct 
the same from any dividends that may be due, or may thereafter become 
due, on any such shares, or deduct the same from any funds in its pos- 
session belonging to any shareholder, as aforesaid. 



54 ASSESSMENT OF TAXES. 

if stock not Sec. 39. If any bank or banking association shall fail to make out and 
county Audi- furnish to the County Auditor the statement required by the 35th Section 
examine of this Chapter, within the time required herein, it shall be the duty of 
persons. said Auditor to examine the books of said bank or banking association ; 

lb., 39, J36. also, to examine any officer or agent thereof, under oath, together with 
such other persons as he may deem proper, and make out the statement 
required by said 35th Section, and enter the value of said shares on the 
duplicate for taxation. Any bank officer failing to make out and furnish 
to the County Auditor the statement, or willfully making a false state- 
faiitng y to rnent, as required in the 35th Section of this Chapter, shall be liable to 
tS'county m" a fine not exceeding one hundred dollars, together with all costs and 
other expenses incurred by the Auditor, or other proper officer, in obtain- 
ing such statement aforesaid. 



tlitor. 



XIV, 620, US. 



brinkers a "to ^ EC- ^- "^ unincorporated banks and bankers shall, annually, be- 

make andre- tween the first of July and thirtieth of August, make out and return to 

merit toCoun- the Auditor of the proper County, under oath of the owner or principal 

from which officer or manager thereof, a statement, setting forth : 
assessment to ° ° 

he made. 
Ib.,§37;i87i, 1st. The average amount of notes and bills receivable discounted or 

purchased in the course of business by such unincorporated bank, banker 

or bankers, and considered good and colled able. 

2d. The average amount of accounts receivable. 

3d. The average amount of cash and cash items in possession or in 
transit. 

4th. The average amount of all kinds of stocks, bonds, or evidences of 
indebtedness held as investment, or in any way representing assets. 

5th. The average amount of real estate, at its assessed value for taxa- 
tion. 

6th. The average amount of all deposits made with them by other 
parties. 

7th. The average amount of accounts payable, exclusive of current 
deposit accounts. 

8th. The average amount of Government and other securities, specify- 
ing the kind that are exempt from taxation. 

9th. The amount of capital paid in, or employed in such banking bu- 
siness, together with the number of shares or proportional interest each 
shareholder or partner has in such association or partnership. 

From the aggregate sum of the first live items above enumerated, the 
said Auditor shall deduct the aggregate sum of the fifth, sixth, seventh 
and eighth items, and the remainder thus obtained shall be entered on 
the duplicate of the County in the name of such bank, banker or bankers, 
and taxes thereon shall be assessed and paid, the same as is provided for 
hi her property as assessed and taxed in the same city, ward, town or in- 
corporated village. 



ASSESSMENT OF TAXES. 55 

Sec. 41. The average provided for in the preceding Section shall be Average to 
obtained by adding together the amounts of each item above specified, by ad< 
owned by or standing on the books of such bank, banker or bankers, on and dividing 
the first day of each mouth of the year ending the last day of June in months el 
the year in which the return is made, and dividing the same by the num- 11:^ ;; 
ber of months iu the year: Provided, That in cases where such bank. 
banker or bankers commenced business during the preceding year, the 
division shall be made by the number of mouths elapsed after the com- 
mencement of such business: Provided, That all fractions of a mouth 
shall be counted as a month. 

Sec. 42. Every company, association or person not incorporated under w bat shall 
any law of this State, or of the United States, for banking purposes, who bank, 1 banker 
shall keep an office or other place of business, aud engage iu the busi- or ^ a ° e 5^ — 
ness of lending money, receiving mouey on deposit, buying and selling 
bullion, bills of exchange, notes, bonds, stocks, or other evidences of in- 
debtedness, with a view to profit, shall be deemed a bank, banker or 
bankers, within the meaning of the fortieth and forty-first Sections of 
this Chapter. 

Sec. 13. The County Auditor shall have the same powers to enforce power of 
correct returns from bank officers and bankers, to examine witnesses and tOTtoenfoMe 
enforce their attendance, and have the same aid of the Court of General r xjonnty Au- 
Sessious of the County, as is provided by law in cases where individuals ^me '"power 
fail to list their property for taxation, or are suspected of having made }£ bl fn£ 
false returns ; and in all cases of failure to make returns under this tajUviduais, 
Chapter, or in a case of a false return, by any unincorporated bank, — i'.. 
banker or bankers, the Auditor shall ascertain the true amount, as near 
as may be, add fifty per cent, penalty thereto, aud charge the party or 
parties with the taxes on the amount so ascertained by him, with the Penalty for 
penalty aforesaid ; but in cases of unintentional mistake in making the 
returu, the true amount only -shall be charged against the parties, with- 
out penalty. 

Pawnbroker* and Miscellaneous Provisions. 

Sec. 44. Every pawnbroker, person, or company, engaged in the busi- kers^cTmake 
ness of receiving property on pledge, or as security for money or other county 

thing advanced to the pawner or pledger, shall, annually, in the month tQ1 ' __ 

of July, or before the thirtieth of August, return, under oath, to the xiv,'fi2o'f ioj 

Auditor of the County in which his place of business is located, th 

average monthly value of all property pawned or pledged to him during 

the year ending July first of the year in which the return shall be made, or. 

if engaged in the business for less than a year prior to said first day of 

July, then for such shorter period; and such average shall be ascertained 

by the rule prescribed in this Chapter for ascertaining the average value 

of the property of merchants, and taxes charged on such average value 

as upon other property at the same place. 



56 ASSESSMENT OF TAXES. 

Persons Sec. 45. Any person claiming not to have any property shall, upon 

non-propert y the demand of the Auditor, make oath to the fact that he has no prop- 

quired to erty ; and, if he refuse to make such oath, he shall be deemed guilty of 

~fb Via- 187F Contem P t 0I " tne Auditor, and, upon complaint of such Auditor to the 

xiv, b-33, § i. Court of General Sessions of the County, shall be arrested and confined 

Penalty. m the jail of the County until he answers such questions, under oath, as 

may be propounded to him by such Auditor, and pay the costs of the 

proceeding. 

mTne° ee t ls b f ^ EC " "^' ^ ne P roceec ^ s 0I> mines and mining claims shall be assessed 
taxed. and subject to taxation. 

Ib., J 44. 

state Audi- ® EC - ^ • The Auditor of State shall prescribe the forms of all returns 

tor to pro- f taxation, and of the oath that shall be made thereto, and transmit the 
scribe forms ' ' 

of returns game to the several County Auditors, who shall cause a sufficient num- 
anu of the J ' 

oath to he ber thereof to be printed and distributed to their assistants: and any re- 
made thereto. 1 ■ 'j 
lb., § 45; isn, turn made in any way materially varying therefrom shall not be re- 

XIV. U23-4, if j i , 

1 , it rraj-ded as a return. 
• j — » 

County Au- Sec. 48. If any person shall refuse or neglect to make out and deliver 
certain the to the Auditor a statement of personal property, as provided by this 
erty of P per- Chapter, or shall refuse or neglect to take and subscribe an oath as to 
not 9 make '" the truth of such statement, or any part thereof, or in case of the sick- 
" tatc '"^" t ' ness or absence of such person, the Auditor shall proceed to ascertain, 
xiv, 623, i i. as near as may be, and make up and return, a statement of the personal 
property, and the value thereof, with which such person shall be charged 
for taxation, according to the provisions of this Chapter; and to enable 
such Auditor to make up such statement, he is authorized to examine 
any person or persons, under oath, and to ascertain, from general reputa- 
tion and his own knowledge of facts, the character and value of the per- 
sonal property of the person thus absent, or sick, or refusing or neglect- 
ing to list or swear; and said Auditor shall return the lists so made up by 
him endorsed: "Refused to list," or "Refused to swear," or "Absent," or 
"Sick," as the case may be, and in his return, in tabular form, shall write 
the same words opposite the names of each of the persons so refusing or 
neglecting to list or swear, or absent, or sick. 

Persons fail- g EC , 49. If aU y person shall fail to list the personal property he is re- 

ing to list pro- J l r l r . 

perty, the yai- quired by law to list in any one year, and the same escapes taxation for 
shall be added that year, the value thereof shall be charged against him for taxation 

toli-t of next . , . , B . 

year with nf- in any subsequent year, with htty per cent, penalty added thereto, and 
tv per cent. , / ,„.,.,, 

penalty. the taxes and penalty collected as in other cases. 

Ib., §47. 

All real and ^ec. <>0- All real and personal property shall be valued for taxation 
perty ni to P be at ' ls ,rue va ' ue m money, which, in all cases not otherwise specially 
yahnd at its provided for in this Chapter, shall he held to be the usual selling price 

true value m 4 I * & * 

money. Tobe ,,f similar property at the place where the return is to be made; and if 

i. I. ii mined i i j i 

by selling there he no usual selling price, then at what is honestly believed could 

fis, he obtained for the same, at a fair Bale, at the place aforesaid : but each 

panel of nal propi rty shall he separately appraised, without reference 

to the value of any growing crops thereon. 



ASSESSMENT OF TAXES. I '■, 

Sec. 51. The following articles of personal property shall be valued , *'!"' ne /- ' ' '■ 

° r ii. lulls & ot hoi 

for taxation as follows, to wit : Money, bank bills, and other bills law- Mils lawfully 

J circulating a« 

fully circulating as money, at the par value thereof; credits, at the money vi 

...,.', r . at par value, 

amount pavaMe <m the tace or the contract, instrument, or account, mi- How special 
i i . . i i , , n . . , . , valuations to 

Jess the principal be payable at a future time without interest, then, at be made. 

tbe sura payable, less the lawful interest thereon, for any term of credit l0 -,§* 9 - 
not exceeding one year; contracts for the delivery of specific articles, at 
the usual selling price of such articles at the time of listing; leasehold 
estates held for any definite term, at the yearly value thereof to the les- 
see ; annuities, at the yearly value thereof to the owner at the time of 
listing. All leasehold estates, held on perpetual lease, or for a term cer- 
tain, renewable forever at the option of the lessee, shall be valued at the 
full price of the land, and continue to be taxed at such value to the end 
of the term. When the fee of the soil in any tract or lot of land is in 
one person, and right to any minerals therein or structures thereon in 
another, the proceeds of the minerals and said structures shall be valued 
and taxed as personal property, to the owners thereof respectively. 

Sec. 52. The assessment of all personal property, and the valuation of Assessments 

all land.-, lots and new structures, which have not previously been valued property 

and entered on the duplicate for taxation, shall be made between the sec- tions of real 

ond Monday of July and the second Monday of August, annually ; and §e°maae i V- 

the Auditor shall, on or before the third Monday of July, deliver Momiay oT.u'i- 

to or leave at the residence or place of business of each person within Monday ofTrli 

li is County, a printed form of statement or return for taxation, with the fy^ReSirns'td 

proper f.rni of oath attached thereto, and shall, at the time he delivers be made ' 

, „ „ , , „ „ n>-. '< " 

such tonus, receive from such person the statement of property tor taxa- Xiy.6-20.5t 11, 

tion required by this Chapter, verified by the oath of such person, if de- \i. ' 
sired so to do at that time, by such person ; but if the person be not 
ready nor desire to make such statement at the time of receiving such 
forms, he shall make up and deliver the statement to the Auditor, on or 
before the first Monday of August of the year he received the forms, 
and in case of failure so to do shall be held to have neglected to list, 
and shall be assessed and returned by the Auditor accordingly ; and if 
the Auditor shall fail to deliver the forms aforesaid to any person, such 
person shall not thereby be excused from listing his property for taxa- 
tion ; but in such case, if he make and swear to his statement, ami de- 
liver the same to the Auditor at any time before the second Monday of 
August of the year in which the return is required, the Auditor shall not 
return him as neglecting to list. 

» 

Sec. 53. Each Auditor shall, at the time he delivers the forms men- aitors nty snan 
tinned in the preceding Section, enter in a book, to be provided for that h^tteaiiists'oi 
purpose, an alphabetical list of the names of all persons, companies and an e Dersons to 
corporations in his County, as the case may be, designating the section of wto . m ,. forms 

1 J ' J are delivered. 

land or street, and number, as near as may be, of the residence or place statement of 

' . . new struc- 

of business of such person, company or corporation, which shall be pre- tures. 
served in his office and handed over to his successor, and he shall enter xi^'lao T is- 
therein a statement of all new structures erected in his County of the Pj 1 ' Xn 



58 ASSESSMENT OF TAXES. 

value of one hundred dollars or more, at any time during the then cur- 
rent year, commencing on the first day of July, and of all old structures 
destroyed during the same year, of the value of one hundred dollars or 
more, and a description of the land or lot on which such structures were 
respectively erected or destroyed, with the name of the owner of each, 
and such other things as may be required by the Auditor of State. 

County Au- Sec. 54. Each Auditor shall, on or before the twentieth day of August, 

ditors shall . . . ', 

make lists of annually, make out, iu tabular form and alphabetical order, a list of the 
property own- ^ * ... 

ers, and enter names oi the several persons, companies and corporations in whose names 

value of prop- . . „ , , ..... , „ ,,, . . 

erty taxable, any personal property shall have been listed, giving the first Christian 
~i b '( 5"- 1871 nflme of the several persons; and he shall enter separately, in appropriate 
1871 \iv" ess' e °l HmDS > opposite each name, the aggregate value of the several species 
§ !■ of property mentioned in the tenth Section of this Chapter, making sep- 

arate lists of the property listed as taxable in incorporated villages, cities 
and wards, and that listed as taxable out of cities, wards and incorpo- 
rated villages, all of which columns shall be accurately added up and 
footed; and, at the same time, file and preserve in his office statements of 
property listed by him, or received by him from others. 

county Aii- Sec. 55. Each Auditor shall, annually, at the time of taking the list 
ditors annual- . . ,. <.*,,, , r* 

ly, when tak- of personal property, also take a list of all real property in the County 

sonai proper- subject to taxation, which shall not have been previously listed ; and of 

tv sliall take 

list of real all new structures, of the value of one hundred dollars or more, not pre- 

before listed, viously listed; and of all old structures, of the value of one hundred 

and deduc- dollars or more, which were destroyed during the previous year, and 
tions to be 



m 



ade to lists! nffix a value thereto, with a description of the land or lot on which the 



lb,, 5 53; 1871, same was or is situate, endorse his affidavit thereon that the same is cor- 
rect, that the valuations therein stated have been made according to the 
rules prescribed by this Chapter, and return the same with the names of 
the owners, respectively; and, if the owner of any such new structure 
shall be the owner of the land on which it is situate, or of a permanent 
leasehold estate therein, the County Auditor shall add to, or deduct from, 
the value of the land or lease, as the case may be, as the same may stand 
on the duplicate, the value of such structure so returned. And, when 
required by the Auditor of State, the County Auditor shall return to the 
Auditor of State the value of all such structures: Provided, That the 
Auditor shall not deduct any greater amount for the destruction of 
any structure than was previously charged for the same on the du- 
plicate 



Coxrhty Au- 
ditor to state 
in column of 



Sec. 56. It shall be the duty of each Auditor to state, in the column 

remarks the f remarks, opposite each tax payer's name, iu the return made by him, 
amount be be- ' " A J J ' 

lieves should anv amount which he believes ought to be added to the valuation of the 
he added to J ° 

list oi tax property listed by such tax payer, his agent or other prison. It shall 

after return also be his duty, at anv time after his return, if he ascertain that any 

made as to . . _. , 

property not personal property in his County has not been listed, to list the same, and 

returned. 

n , ,; , -,. make return thereof, with the valuation thereof as fixed by the owner or 

1871, XIV, 628, hjjjjgejf, and the name of the owner or person to whom it is taxable, and 



ASSESSMENT OF TAXES. 59 

the Auditor shall charge the same on the duplicate for taxation, adding 
fifty per cent, to the value, as returned, as penalty. 

Sec. 57. Each Auditor shall take and subscribe an oath, which shall Form of < 
be attached to the return of personal property he is required to make by Auditorsi^to 

this Chapter, in the following form : "I, , Auditor of tachtoreturn 

the County of ■ — ■ , State of South Carolina, do °[. op ^\ 

solemnly swear that the foregoing return contains a true statement of all lb., 55; i : 

personal property listed by myself or others for taxation in said 

, with the valuations thereof, as sworn by others and ascertained 

by myself, for the present year; that I have diligently endeavored to as- 
certain and cause ail the personal and taxable property in said 



to be listed; and, so far as I know and believe, all of said prop- 
erty (except such as is otherwise designated in said return) is valued in 
said return at the price for which it would sell at fair private sale ; that 
I have not knowingly omitted to furnish any person required to list prop- 
erty in said with the proper form for making the same; 

nor in any way connived at any violation of the tax laws of this State." 
And such Auditor shall not be entitled to or receive any compensation 
for his services, until he takes and subscribes such oath ; nor until he- 
makes his return of real estate and new structures, with the valuations 
thereof, under oath, as required by this Chapter. 

Sec. 58. Anv person, company or corporation, commencing any busi- 

_, c i ■ n t- in . r. t i . PersOD.com- 

ness in any County of this btate, alter the first day of July, in any year, pany or cor- 

. ". , , , . - . , - .. . " poration com- 

the capitaf or personaf property employed in which shalf not have been meneing busi- 

previously listed for taxation in said County for such year, shall, within of July, 
thirty days after commencing such business, report to the Auditor of the which - 
County, under oath, the average amount of the capital intended to be previously 1 
employed in such business, from the time of its commencement to the make return 
first day of July next ensuing; and, upon making satisfactory proof to L^ 1 ""' 
said Auditor, that such capital or property has been regularly listed for is7i.xiv, eao,' 
taxation in some other County in this State, said Auditor shall file repori 
and proofs in his office, and give to the party a certificate that he or they 
have complied with the provisions of this Section, and are not liable to 
taxation in his County on such capital or property for the then current 
fiscal year. But if he or they shall not satisfactorily prove that such 
capital or property has been previously listed for taxation in some County 
of this State, said County Auditor shall charge him or them on his du- 
plicate with such proportion of all taxes levied on others upon similar 
capital or property, at the place of the business, as the time from the com- 
mencement of the business to the ensuing first day of July bears to one 
year. 

County Au- 
ditors to 

Sec. 59. It shall be the duty of each County Auditor to ascertain the certain 

J _ ' persons eoin- 

names of all persons commencing any business in his County after the mencingbusi- 

r ° J J ness after 1st 

first day of July, annually, whose capital or property employed in such Jniy.a nn aaUy 
business was not listed for taxation in his County for the then current xn". ■>,'■ J 7; 
fiscal year. wn/xiV, **'• 



60 ASSESSMENT OF TAXES. 

Penalty for g EC go. If any person, company or corporation shall commence any 
tailing to re- ' . * 

port com- business in any Countv of this State after the first day of July, in any 

mencenj'Mit J J j j 

of business to year, the capital or property employed in which shall not have been pre- 

tor. viously listed fur taxation in said County, and shall not, within thirty 

nv Ml u! days thereafter, make such report to the Auditor of said County as is 
required in the fifty -eighth Section of this Chapter, he or they shall forfeit 
and pay the sum of one hundred dollars, which shall be collected, by 
civil action, in the name of the County Commissioners, and paid into the 
County Treasury, for the exclusive benefit of the County. And process 
in such case may issue out of the Court of Common Pleas of the County 
in which such business was commenced, directed to the proper officer, 
and be served in any County of this State. 

County An- ^ EC - 61. It shall be the duty of each County Auditor to make out, 
out«>rrecta2 f rom tne maps and descriptions in his possession, and fr^m such other 
each^traet or sources or " information as shall be in his power, a correct and pertinent 
lot of real pro- description of each tract and lot of real property in his County; and, 
County. Own- when he shall deem it necessary to obtain an accurate description of any 

ers required . . . . . 

to furnish separate tract or lot in his district, he may require the owner or occupier 
ib 45.661; 1871, thereof to furnish the same, with any title papers he may have in his 
I ,633, §i. possession; and if such owner or occupier, upon demand made for the 
same, shall neglect or refuse to furnish a satisfactory description of such 
parcel of real property to such Auditor, he may employ a competent 
surveyor to make out a description of the boundaries and location thereof, 
and a statement of the quantity of land therein; and, to the expense of 
such survey, the Auditor of the County shall add the tax assessed upon 
such real property, and it shall be collected by the Treasurer of the 
County with such tax, and, when collected, shall be paid, on demand, to 
the person to whom the same is due; and he shall, in all cases, from ac- 
tual view, and from the best sources of information within his reach, de- 
termine, as near as practicable, the true value of each separate tract 
and lot of real property in his County, according to the rules prescribed 
by law for valuing real property; and he shall note in his plat-book, 
separately, the value of all houses, mills, and other buildings, which ex- 
ceed one hundred dollars in value, or any tract of land, city, village or 
town lot; which shall be carried out as a part of the value of such tract 
or lot; he shall also enter on his plat-book the number of acres of arable 
or plow land, the number of acres of meadow and pasture land, and the 
number of acres of wood and uncultivated land, in each tract, as near 
as may be. 

ditor n author- ^ ECl ®2. ^ or tne P ur P oi?e 0I " enabling the Auditor to determine the 
ized to enter value of buildings and other improvements, he is hereby required to 

buildings, &c, " J l 

to ascertain enter, and fullv to examine all buildings and structures, of whatever 

value. ' ° 

iii 562; is7i, kind, which are not, by law, expressly exempted from taxation. 

XIV, 823, {1. 

,. , , Sec. 63. Each Auditor shall, as often as the General Assembly 

County An- ' -' 

di'or in make shall, by Joint Resolution, direct, make out a return in tabular 

return, in ta- ' ' ' 

bniar innn, form, contained in a book to be furnished by said Auditor, of the amount, 

containing J 

names of per- description and value of the real property subject to be listed for taxa- 
tions and cor- J # * * J - # ° 
porations tion in his County, which return shall contain: 



ASSESSMENT OF TAXES. 61 

l>t. The name of the several persons, companies or corporations in <"™ ia s prop- 
whose name the several tracts of real property, other than town property, i6~ § 63;iW0, 
in each township within his County shall have been listed; and in ap- ?s7i/xiv\ Vm' 
propriate columns, opposite each name, the description of each tract, Hf'^i? 1 ' ' 
designating the number of acres, the number of the section, and the part value of 
thereof, and of the township or survey, listed in such name, and the value P r0 P erlv ' 
of each separate tract, as determined by the said Auditor. 

2d. The names of the several persons, companies or corporations in 
whose names the several lots of real property in each town, city and vil- 
lage in his County shall have been listed, and in the appropriate col- 
umns, opposite each name, the description of each lot, and the value 
thereof, as determined by the said Auditor, and such description shall 
designate the town, city or village, the number of lot, and the part 
thereof: and if a part of a lot is listed, it shall state number of feet 
along the principal street on which it abuts. If the name of the owner 
of any tract of land or lot shall be unknown, the word "unknown" 
shall be entered in the column of names opposite said tract or lot. 

Sec. 64. The Auditor, at the time of making the assessments of other .County au- 

fc ditor to enter 

real estate for taxation, shall enter in a separate list pertinent descrip- iQ , list a de : 

11 *■ scnption of 

tions of the real estate exempt from taxation bv law, with "the valuation reaiestatenot 

i " taxed, 

thereot made by himself, determined by the rules prescribed by law, and ib., 46, § 64; 

designating the owner of each several parcel. j 8 ?. 1 ' XR ' ' ''*' 

Boards of Equalization. 

Sec. 65. The County Auditor, the County Treasurer, the County Com- a county 
missioners, or a majority of them, shall form a County Board for the Equalization, 
equalization of the real property of their County, with the exception of xi v' saf'iNs' 
the real property in the city of Charleston, which shall be equalized Vfj 1 * xl ' ' m > 
by a Special Board, as hereinafter provided. They shall meet as 
often as the General Assembly shall, by Joint Resolution, direct, Board fo^eity 
at the Auditor's office, in the several Counties, when the County Auditor ° f Charleston. 
shall lay before them the returns of the real property made by him, with 
the additions he shall have made thereto ; and having each taken an 
oath, fairly and impartially to equalize the value of the real estate of Equalization 
such County, according to the provisions of this Chapter, they shall im- 
mediately proceed to equalize such valuation, so that each tract or lot 
shall be entered on the tax list at its true value ; and for this purpose 
they shall observe the following rules : 

1st. They shall raise the valuation of such tracts and lots of real prop- Raii j no - Ta i. 
erty as, in their opinion, have been returned below their true value, to ues - 
such price or sum as they may believe to be the true value thereof. 

2d. They shall reduce the valuation of such tracts and lots as, in their Reducing 
opinion, have been returned above their true value, as compared with 
the average valuation of the real property of such County, having due 
regard to their relative situation, quality of soil, improvement, natural 
and artificial advantages possessed by each tract or lot. 



62 ASSESSMENT OF TAXES. 

Aggregate 3J. They shall not reduce the aggregate value of the real property of 

duced. the County below the aggregate value thereof, as returned by the County 

Auditor, with the addition made thereto by said Auditor, as hereinbefore 

Record of required. The County Auditor shall keep an accurate journal or record 
procee ng=. ^ ^g p roC eedings and orders of said Board. 

Sec. 66. Each Countv Auditor shall, on or before the thirtieth of 

Couuty Au- 
ditor to make September, one thousand eight hundred and seventv-one, and on the 

return to 1 => ' 

State Auditor sam e dav in each vear thereafter, make out and transmit to the Auditor 

before 3d ot 

September of f State and the Countv Commissioners, an abstract of the real property 

abstract of ... . . 

real proper- of each District in his Couuty, in which he shall set forth : 

ty — contain 

what. j jj number of acres, exclusive of town lots, returned bv said Au- 

Ib . ; ■ ij 1870, ' 

Xii • ditor, with such additions as shall have been made thereto. 

1S7:, XIV, 620, '. 

623, §l. ' ' 2d. The aggregate value of such real property, other than town lots, 
as returned by said Auditor, inclusive of such additions as shall have 
been made thereto under the provisions of this Chapter. 

3d. The aggregate value of the real property in each town, city and 
village in hi:- County, as returned by said Auditor, with such additions 
as shall have been made thereto. 

state Board Sec. 67. The State Board of Equalization shall consist of one member 
tfnntoconslst ^" rom eacn Congressional District of the State, all of whom shall have 
ber'from'eacri ^ ie qualification of electors ; and the qualified electors of each Congres- 
Dist?ict S e?ect- slona l District shall, at the general election in the year one thousand 
otJJV 1 fifth eight hundred and seventy-three, and on the same day in every fifth 
year thereat y ear thereafter, elect persons to serve as members of such Board of 

ter. Coventor -' ... 

to flu vacan- Equalization, in accordance with the provisions of this Section ; and the 

Duties * m r 

and power s, returns of the poll books and certificate of election shall be governed by 
i>>70,''xiv 366,' the law regulating the election of Representatives to Congress ; and, in 
J^'.isn! ca * e of vacancy in such office, either by death, resignation, or otherwise, 
,62Sl 5 L the Governor of the State shall have the power to appoint a person, who 
shall be a resident elector of the district so vacated, to fill such vacancy, 
as soon as he shall be informed thereof. The Governor, Secretary and 
Auditor of State shall, by virtue of their offices, be members of thi- 
Board. The said Board shall meet at Columbia on or before th 
October, one thousand eight huudred and seventy-three, and on the same 
day in every filth year thereafter, and the members thereof shall each 
take an oath or affirmation that he will, to the best of his know! 
and ability, so far as the duty devolves on him, equalize the valuation .:' 
real properly among the several Counties, towns, cities and villages in 
the State, according to the rules prescribed by this Chapter for valuing 
and equalizing the value of real property; and having received from tin- 
Auditor of the State the abstracts ot' real property transmitted to him 
by the several County Auditor.-, said Board shall proceed to equalize the 
same among the several towns, cities, villages and Counties in the State, 
in the manner hereinafter prescribed : 

1-!. They shall add to the aggregate value of the real propel 
every County which they .-hall believe to be valued l'< Ion its true value 



assessment of taxes. 63 

in money, such per centum, in each case, a- will raise the same to its true 
value in money. 

2d. They shall deduct from the aggregate valuation of the real prop- 
erty of every County which they shall believe to be valued above its true 
value in money, such per centum, in each case, as will reduce the same 
to its true value iu money. 

3d. If they believe that right and justice require the valuation of the 
real property of any town, city or village in any County, or of the real 
property of such County not in towns, cities or village-*, to be raised or 
to be reduced, without raising or reducing the other real property of such 
County, or without raising or reducing it in the same ratio, they may, in 
every such case, add to or take from the valuation of any one or more of 
such towns, cities or villager, or of property not in towns, cities or vil- 
lages, such per centum as they believe will raise or reduce the same to 
its true value in money. 

4th. They shall not reduce the aggregate value of all the real prop- 
erty of the State, as returned by the County Auditors, below the aggre- 
gate value of said property, as returned by said Auditors. 

5th. Said Board shall keep a full account of their proceedings and 
orders. 

Sec. 68. There shall be an annual County Board for the equalization county Board 
of the real and personal property, moneys and credits in each County, uon E< to lllZ oe 
exclusive of the City of Charleston, to be composed of the County Com- countTcom- 
missiocers, County Auditor and County Treasurer, who shall meet for (ounVv^'irii- 
that purpose at the Auditor's office in each County, on the second Mon- {°' 'xreasnre "" 
day of September annually. Said Board shall have the power to hear ?°5 e F s and 
complaints, and to equalize the valuation of all real and personal prop- " lb., 4a § 68; 
erty, moneys and credits within the County, and shall be governed by the § lj'isn, x'i'v'J 
rules prescribed in the sixty-fifth Section of this Chapter, for the gov- xix, , 623,'su ' 
ernment of County Boards for the equalization of real property: Pro- proviso. 
rided. That said Board shall not reduce the value of the real property 
of the County below the aggregate value thereof, as fixed by the State 
Board of Equalization, nor below its aggregate value on the duplicate of 
the preceding year, to which shall be added the value of all new entries 
and new structures, over the value of those destroyed, as returned by 
the County Auditor for the current year. 

Sec. 69. There shall be a Special Board for the equalization of the . . , _ 

1 ... Specul Board 

real and personal property, moneys and credits in the city of Charleston, °.f Equaiiza- 

to be composed of the Countv Auditor and six citizens of said city, to of Charleston. 

be appointed by the City Council of said city, which Board shall meet amies. 



annually, at the Auditor's office of said County, on the first Monday in xiv,' yt'Ti; 
September, and shall have power to equalize the value of the real estate i^'.I,; xn ' mo > 
and personal property, moneys anil credits within said city, and shall be 
governed by the rules, provisions and limitations prescribed for the gov- 
ernment of annual County Boards for the equalization of real and per- 



64 ASSESSMENT OF TAXES. 

sonal property, moneys and credits; but said Board shall not continue 
its sessions more than two weeks in one year. 

dUor"to fay ^ec. ^ The several County Auditors shall lay before the several an- 
foreBoarcisof nua ^ Boards of Equalization, aforesaid, the valuations of the several 
Equalization, tracts aud lots of real property in their County or city, as the case may 
xiv,' 623, V 1 - ' be, as tne same was entered on the duplicate of the preceding year, or as 
fixed by the State Board of Equalization, and of those returned by the 
Shall keep sa ' f ' Auditors for the current year, with such maps, returns, lists and 
Droc<SdtaKs° f a bstracts as are in their respective offices; and each shall keep a regular 
journal of its proceedings, which shall be deposited and kept in the office 
City W Boards of the County Auditor. Said City Boards shall have power to equalize 
tfon. EqUallza " the valuations of the several parcels or lots of real property in such city, 
respectively, by adding to the value thereof in such wards, blocks or 
other districts therein, which, in their opinion, is too low, and by adding 
to the value of such several parcels or lots as they may deem too low, 
and reducing the value thereof iu such wards, blocks or other districts 
as they may deem too high, and by reducing the value of such several 
parcels or lots as they may deem too high. They shall, also, have power 
to hear complaints, and equalize the value of the personal property, new 
entries and new structures iu said cities, respectively, returned for taxa- 
tion the current year, by adding such per centum or amount to the valu- 
ations in such wards, or of such individuals, as they may deem equitable 
and just, and by deducting from the valuations in such wards, or of in- 
dividuals, such per centum or amount as they may deem equitable and 
Powers of j us t. And said Countv Boards shall have power to equalize the valua- 

the County J • . , 

Boards of tions of real property in their respective Counties, by adding to the 
value thereof in such villages, towns and other districts not in the city, 
as they may deem low, and by adding to the valuations of such several 
parcels as the}' may deem too low; also, to reduce the valuations thereof 
in such villages, towns and other districts, or of individuals, as they may 
deem too high; nevertheless, the aggregate deductions from the valua- 
tions of real estate shall be subject to the limitations prescribed in the 
sixty-fifth Section of this Chapter; nor shall the aggregate deductions of 
the valuations of personal property reduce the total value of the personal 
property in the city or County below that returned by the Auditors. 

Sec. 71. The County Auditor shall add to, or deduct from, the value 
of the real estate or personal property such per centum, in villages, 
towns, wards, blocks, or other districts, as may be ordered by the Board 
of Equalization of the city or County, as the case may be, on the dupli- 
cate, distributing the same, pro rata, to each owner, and shall add to, or 
deduct from, the valuation of the real or personal property of individual-, 
companies or corporations, such sum or sums as may be ordered by either 
of said Boards. 

Sec. 72. "When the State Board of Equalization shall have compli ted 
their equalization of real property among the several Counties, the Au- 



ASSESSMENT OF TAXES. 65 

ditor of State shall transmit to each County Auditor a statement of the . state Audi. 

•J tor to trans- 

per centum to be added to, or deducted from, the valuation of the real mi ' statem't 

1 to the County 

property of his County, specifying the per centum added to, or deducted Auditors. 

from, the valuation of the real property in each of the several towns, xiv, 36f>' § if 
villages and cities, and of real property not in towns, villages or cities, in ]^V\. X1V ' ° 20 ' 
case an equal per centum shall not have been added to, or deducted from, 
each ; and the County Auditor shall forthwith proceed to add to, or de- aitora^shail 
duct from, each tract or lot in his Couuty, the required per centum on l^etftom Sue 
the valuation thereof as its stands, after having been equalized by the P er 9 e °l™? 

& 1 J on valuation 

County Board of Equalization, adding any fraction over fifty cents, and as ordered. 

deducting any fraction less than fifty cents, so that the valuation of any 

tract or lot shall not contain any fraction of a dollar, and charge the 

same, with taxes, upon such equalized value. The State Auditor shall, . state Audi- 

' r 1 ' tor to give no- 

also, on or before November fifteenth, annually, give notice to each tice to county 

' J ' a Auditors of 

County Auditor of the rates per centum authorized by law to be levied rate of taxa- 
for the various State purposes, which rates, or per centum, shall be levied 
by the County Auditor on the taxable property of the County, and 
charged on the duplicate with the taxes required to be levied and col- 
lected for other purposes. 

Sec. 73. The Auditor of State shall, from time to time, prepare and state Audi- 
transmit to the several County Auditors all such forms and instructions and transmit 
as he may deem necessary to carry into effect the provisions of this Chap- county Audi- 
ter and Chapter XIII, and decide all questions which may arise as to the Instruction! 6 

true construction of the same, or in relation to the duty of any officer tobeol ' eye<1 ' 

, . lh -> 49 > § 73. 

under the same ; and the forms thus transmitted shall be observed and 

used by all County, town and municipal officers. The instruction thus 

given shall de obeyed by, and the decisions thus made shall be binding 

upon, all County, town and municipal officers. 

Sec 74. Each County Auditor shall make out, in a book to be pre- 
pared for that purpose, in such manner as the Auditor of State shall pre- ditors ' shall 

1 ' * , * make sehed- 

scribe, a complete list or schedule of all taxable property in his County, uies of tasa- 

ii n i-i ii 1>le property. 

and the value thereof, as equalized, so arranged as that each separate ib. so "§"75^ 
parcel of real property in each district, other than city, village and town 1871 ' m > ^^ 
property, shall be contained in a line or lines opposite the name of the 
owner or owners, arranged in numerical or alphabetical order, unless 
otherwise directed by the Auditor of State, and so that each lot or par- 
cel of real property in cities, villages and towns shall be contained in a 
line or lines opposite the names of the owners thereof, respectively, ar- 
ranged in alphabetical order, unless otherwise directed by the Auditor 
of State. And the value of all personal property shall be set down op- 
posite the names of the owners thereof, respectively ; and, if listed by 
any person other than the owner, for and in the name of the owner, the 
name of such person, and the character in which he acted, shall also be 
stated in such list, and separate lists shall be made for each city, village, 
town and district, arranged in alphabetical order, unless otherwise or- 
dered by the Auditor of State, which list or schedule, made out as afore- bedeiiverea 
said, shall be retained in the County Auditor's office, and another made Treasurer" 1 * 7 
9 



66 ASSESSMENT OF TAXES. 

for the County Treasurer, and delivered to him on or before the fifteenth 
day of November, annually, as his warrant for the collection of the taxes, 
assessments and penalties charged thereon, each and both of which lists 
shall be denominated the County duplicate. 

County An- Sec. 75. Each County Auditor, after receiving from the Auditor of 

mine sums to State, and from such other officers and authorities as shall be legally 
be levied up- . . ° " 

on each lot of empowered to determine the rates or amount ot taxes to be levied tor the 

real property. . , . , . , „ , , 

"Tb"s 76 various purposes authorized by law, statements of the rates and sums to 

be levied for the current year, sha.'l forthwith proceed to determine the 
sums to be levied upon each tract and lot of real property, adding the 
taxes of any previous year that may have been omitted, and upon the 
amount of personal property, moneys and credits listed in his County, in 
the name of each person, company or corporation, which shall be as- 
sessed equally on all real and personal property subject to such taxes, 
and set down in one or more columns, in such manner and form as the 
Auditor of State shall prescribe ; and in all cases where the whole 
amount of taxes upon the personal property, moneys and credits of any 
person shall not amount to ten cents, the Auditor shall not enter the 
same upon the duplicate, if such person has no other taxable prop- 
erty. 

As to frac- Sec. 76. The County Auditors shall not be required to assess on the 

tional assess- J m x 

mems— what taxable property of their Counties, or of any town, city or incorporated 

how mad e. village, or school district therein, for any purpose, nor for all purposes 
added together, any rate of taxation containing or resulting in any frac- 
tion other than a decimal fraction, nor in any fraction less than one- 
twentieth of a mill; but, if the sum required to be raised for any or all 
purposes results in a fraction less than one-twentieth of a mill, such 
fraction shall be dropped ; and, if more than one-twentieth and less than 
one-tenth of a mill, the County Auditor shall add enough thereto to 
make it one-tenth of a mill, and levy the same accordingly. 

County au- Sec. 77. The County Auditor shall enter the taxes on the duplicate, to 
taxes* on^u 1 - be retained in his own office, in such number of columns as the Auditor 
ed C rn e uTs a o"- 0I> State shall, from time to time, direct; but on the duplicate for the 
te < red llow o"i County Treasurer, he shall enter the taxes against each parcel of real 
urer" ty dupii- anc ' personal property, on one or more lines, opposite the name of the 

cate - owner or owners; and, in all other respects, the Auditor of State may 

prescribe forms for County duplicates, as may seem to him most condu- 
cive to the interest and convenience of the public, and County Auditors 
shall conform thereto. 

county Au- Sec. 78. Each County Auditor shall, annually, in the month of Jan- 
nroni°o raa de° ual 7. make out and record, in a book to be provided for that purpose, a 
Unguents. ]j s t f a ]] ] a nds, city, village and town hits returned by the Treasurer 
xiv,'c'ii,'n 2. ' delinquent at the preceding settlement, describing such land- and lots as 
the same were described ou the duplicate, and charging thereon the un- 
paid taxes, penalties and assessments as the same were charged on the 



ASSESSMKKT OF TAXES. 67 

duplicate, and also the taxes and assessments of the current year, and 
shall certify to the correctness thereof, and sign the same officially. 

Sec. 79. If the County Auditor shall, at any time, discover that any county An- 
real estate or new structure, duly returned and appraised for taxation, correct o£di- 
has been omitted from the duplicate, he shall immediately charge the s '°" 9 ' 
same on the duplicate, with the taxes of the current year, and the simple XivJ62^ |i. ' 
taxes of each preceding year the same may have escaped taxation. And 
if the owner of any real estate or new structure thereon, subject to taxa- 
tion, has not reported the same for taxation, according to the require- 
ments of this Chapter, and the same has not been appraised for taxa- 
tion, the Auditor shall, upon discovery thereof, appraise the same, and, 
upon making return of such appraisement, shall charge the same upon 
the duplicate, with the taxes of the then current year, and the taxes of 
each preceding year it may have escaped taxation, with tweutv per cent, 
penalty upon such taxes of preceding years. And if anv real estate 
shall have been omitted in any return, the Auditor of the County shall 
appraise the same immediately for taxation, file such appraisement in 
his office, and charge the same with the taxes of the current year and 
tli -imple taxes of the preceding years it may have escaped taxation. 

Sec. 80. If the Countv Auditor shall suspect or be informed that anv County au- 

, iii- ' ilitortoexam- 

person or persons, corporation or company, has evaded making a return, me personsor 
or made a false return, of his, her or their personal property for taxa- su'/pected^of 
lion, or have or has not made a full return, or that the valuation returned is return! Se 
le.-s than it should have been, according to the rules prescribed by this lb., 52, §83. 
Chapter, it shall be his duty, at any time before the settlement with the 
Treasurer for the year, to notify such party to appear before him at his 
office, at a time fixed in said notice, together with such other person or 
persons as said Auditor may desire to examine, and the party, together 
with any witness called, shall be examined by said Auditor, under oath, 
(which oath said Auditor is authorized to administer,) touching the per- 
sonal property, and the value thereof, of such party, and everything 
which may tend to evince the true amount such party should have re- 
turned for taxation. 

Sec. 81. If any person notified, either as a party or witness, to appear if a party or 
before the County Auditor, as provided for in the preceding Section, shall fuse to ap- 
refuse or neglect to appear before the County Auditor at the time stated sworn, l or ant 
in said notice, or shall refuse to be sworn, or refuse to answer any ques- aeemea °guiu 
tion put to him by said Auditor, touching the matter under examination tempt 1 — pun- 
as aforesaid, he shall be deemed guilty of contempt of said Auditor, and 13hment ' 

said Auditor shall make complaint thereof to the Court of General Ses- 
sions of the County, who shall thereupon issue an attachment against the 
person complained of, in the name of the State of South Carolina, di- 
rected to the Sheriff of the County, who shall arrest such party anywhere 
he may be found in the State of 8outh Carolina, and take him personally 
before said Court, and, upon conviction thereof, such party shall be fined 
for such contempt of the County Auditor, by said Court, in any sum not 



G8 ASSESSMENT OF TAXES. 

exceeding fifty dollars and costs of prosecution, and be confined in the 
County jail of said County until answers shall be made to all questions 
which may be propounded to him by said County Auditor, and such fine 
and costs paid ; and when such fine is collected, it shall be paid into the 
County Treasury to the credit of the County. 

If upon Sec. 82. The County Auditor, when he shall deem it neeesfary, may 

^examination a ,]j ourll the examination provided for in the preceding Section, from 

fai^ lt0 return ^ me t0 time; an d if he shall find that the party had failed to make any 

Sake he trie return f° r taxation, or intentionally made a false return, or intentionally 

■"i'ia'nVty ner returned his or their property for taxation at less than its fair cash value, 

cent, us penal- ne shall determine what amount should have been returned by the party, 

lb., 53, f§5. and add fifty per cent, thereto as penalty, and charge the same, with said 

penalty, against the party on the duplicate, with the taxes of the current 

year; but if he shall find the party committed a merely unintentional 

mistake in any return made, he shall add such amount as he may deem 

just to such return, and charge the party with the simple taxes thereon, 

adding witness' fees, if any, and the costs of serving the notice. 

who shall Sec. 83. If, upon the examination provided for in the eightieth 
of y exaofinal Section of this Chapter, the return made to, or by, the Auditor shall be 
Auditor. found to be correct, the expenses of the examination shall be paid by 

x'l'v S23 iV 1 ' ^ e County Auditor out of the County Treasury; but if it shall be found 
that the return, as made, was intentionally false, or that no return was 
made, the Auditor shall pay the expenses of the examination out of the 
County Treasury, and charge the same to the party on the duplicate, in 
addition to the penalty provided for such cases; and the amount col- 
lected, with the taxes of the party, to re-imburse the Treasury of the 
County for the expenses paid as aforesaid. But if the return made was 
unintentionally erroneous, said Auditor shall pay the witnesses' fees and 
costs of serving the notice out of the County Treasury, charge the same 
on duplicate to the party, and the same shall be collected and paid into 
the County Treasury, as aforesaid. 

Fees to be Sec. 84. The expenses to be allowed upon the examination provided 
service of for by the eightieth Section of this Chapter shall be, for serving the 
s '""'ifforcon- notice or notices, the fees allowed to Sheriffs and Constables for serving a 

^TrTTin summons, and, to witnesses, the same fees allowed to witnesses in suits 

before a Trial Justice's Court. 

Sec. 85. Each County Auditor shall add to the value of all persona] 

County An- J ' 

ditors to add property which the owner or other person whose duty it is made, by this 

property not Chapter, to list the same, shall have refused or neglected to list, or to the 
returned by * ' ; . „ , , 

owner, ami value ol which such person snail have refused or neglected to swear, 
penalty of BO , . , . , , ,. 

per cent. litty per centum on the value, and charge the same on the duplicate. 

lb., §88. upon which taxes shall be collected and apportioned to the several funds 

for which taxes are assessed against such owner pro rata, in proportion to 

the respective levies. 



MINT OF TAXES. 69 

SBC. 86. That whenever an v tax paver .shall fail to make returns to . Persons nut- 

* • mg to make 

the Auditor of his County within the time prescribed by law, it shall be required re- 
the duty of the County Auditor to enter on the tax duplicate, against wiTxiv, eat, 
such tax payer, the property charged to him the previous year, with fifty ' ~ ,;l> ' 2U ' 
per cent, penalty added thereto, except in cases of sickness, or absence Penalty, 
from the County, when the true amount of property only shall be 
charged. 

Sec. 87. If any person required by this Chapter to list property for County An- 
taxation shall have been prevented by sickness or absence from giving ceire returns 
to the Auditor the statement or return for taxation required, such person who have 
or his agent may, at any time prior to the tenth day of September of the absent? 
year of the assessment, make out and deliver to the County Auditor a Pi^iAl 
statement of the same, sworn to, (which oath the Auditor is authorized ^?i' r r |> 
to administer,') and shall also make oath before .said Auditor that he was 
sick or absent during the whole time when he should have otherwise 
listed his property for that year; and, if absent, that such absence was 
not for the purpose of avoiding the listing of his property. The Au- 
ditor shall receive the return made by the absent person, and charge 
such party with taxes on the duplicate according to the return so made 
to him. 

Sec. 88. Each County Auditor shall correct the valuation of anv par- county An- 

, i n i i-i <.,,,,, llitor sna11 

eel or lot ot real property on which any structures of one hundred dol- correct valua- 
, . , , , , ... tion of real 

lars or more in value may have been constructed, or on which any property in 

structure of like value may have been destroyed, according to the return structures of 
thereof, made in accordance with the provisions of this Chapter, and dollars or 
assess the tax upon such corrected valuation. Said Auditor shall also have m been 
correct any errors he may discover in the name of the owner, in the stroyed?* l e " 
description or quantity of any parcel or lot of real estate, and any cleri- B, §»; 1871, 
cal errors in his duplicate, or in any return made to his office. He shall isn, xiv, >;:;;,' 
also correct any errors in his duplicate when ordered by the Auditor of 
State ; but he shall not reduce any assessment of personal property regu- 
larly made and returned to his office, nor make any deduction from the 
valuation of any tract, lot or parcel of real estate, except such as shall 
be ordered by the State, County or City Board of Equalization, in con- 
formity with the provisions of this Chapter, or upon the written order of 
the Auditor of State, which written order shall only be made bv the 
Auditor of State upon a statement of facts submitted to him in writing; 
and when any personal or real property has been listed, returned or en- 
tered for taxation in a wrong locality, the County Auditor shall correct 
the return or entry, and charge such properey with the taxes in the 
locality required by the provisions of this Chapter: Provided, That anv Proviso, 
correction made in the duplicate by the County Auditor shall be entered 
on both the Auditor and Treasurer's duplicate, except that, in case of 
the reduction of any assessment or tax, the Auditor may furnish the 
Treasurer with a certificate of such reduction: And provided, further, 
That each County Auditor shall keep a record of all sales of convey- 
ances of real property made in his County, in which he shall enter, in 



70 ASSESSMENT OF TAXES. 

columns, the names of the purchaser and seller, the quality of land con- 
veyed, the location and price of the same, and therefrom correct the 
County duplicates annually ; and, for the purpose of carrying out this 
provision, the Clerks of Courts and Registers of Mesne Conveyances of 
each County are hereby required to have the endorsement of the County 
Auditor on each and every deed of conveyance for real property that 
the same is on record in his office, before the same can be placed on re- 
cord in the offices of said Clerks of Courts or Registers of Mesne Con- 
veyances, and the said County Auditor shall be entitled to collect a fee of 
twenty-five cents, for his own use, for making such entry and endorse- 
ment. 

county An- Sec. 89. Each Comity Auditor shall, annually, on or before Novem- 
mlt r abstract ber twentieth, make out and transmit, by mail, to the Auditor of State, 
of his "bounty a complete abstract of the duplicate of his County, which shall state the 
2?th°of Nov." aggregate value of taxable property, and the total amount of taxes as- 
m..j ni; isvi, sessed thereon for that year; and he shall, at the same time, also make 
1871, 'xiv, 623,' out and transmit to the Auditor of State an abstract of the number and 
value of each of the enumerated articles of personal property, the value 
of merchants' and manufacturers' stock, and the value of all other per- 
sonal property as returned by him and fixed by the Board or Boards of 
Equalization; but such abstracts shall be made out in such form and 
contain such details as the Auditor of State may prescribe. 

Comity An- g EC . 90. Each County Auditor shall attend at his office on or before 
ditor to at- J 

tend in his the fifteenth of January, annually, to make settlement with the Treasu- 

ofiice on or . J p J 

before 15th of r er of his County, and ascertain the amount of taxes, penalties and as- 

January, an- iij.ii i m i i • i n • i i 

nuaiiy, to sessments colfected by such treasurer, and the amount with which such 

iniikc settle - 

mem with Treasurer is to stand charged on account thereof, and on account of each 

•surer— -«-bat fund lor which a levy was made on the duplicate; and each Auditor 

shall be: only shall take, from the duplicate previously put into the hands of said Treas- 

justify failure urer for collection, a list of all such taxes, assessments and penalties as 

e° collect tai " such Treasurer has been unable to collect, therein describing the prop- 

!?';,§ <J 'r. J ?™'. erty as described on the duplicate, and shall note thereon, in a marginal 

is7i,'xiv, 021,' column, the several reasons assigned by such Treasurer why such taxes 
H 6. ... . 

or other charges could not be collected, which list shall be denominated 

the delinquent list, and which shall be signed and sworn to by the Treas- 
urer before said Auditor ; and said Auditor shall record the same in a 
book, to be provided for that purpose, and transmit an abstract thereof 
to the Auditor of State, by the County Treasurer, at his next annual set- 
tlement with the Auditor of State; and, in making such list, the delin- 
quencies in each district, city, village and town shall be stated separately, 
and, after deducting the amount of taxes, assessments and penalties so 
returned delinquent, and the collection fees allowed the Treasurer by 
law, said Treasurer shall be held liable tor the balance of the taxes, 
assessments and penalties charged on the duplicate : Provided, however, 
That only the following causes shall be assigned by said Treasurer on 
said delinquent list for not collecting aDy tax, penalty or assessment, to 
wit : 



ASSESSMENT OF TAXES. I 1 

1st. That sufficient personal property of the party charged therewith 
could not be found out of which to make the same. 

2d. That property was found, but could not be sold for want of bid- 
ders ; and, 

3d. That such taxes, assessments or penalties were enjoined by a com- 
petent Court. 

Sec. PI. In making the settlements required by the preceding Section, county Au- 
the County Auditor shall carefully ascertain the true amount collected tain'tne^rue 
by the Treasurer on account of the several taxes, penalties and assess- feae^Tby the 
ments charged on such duplicate, and the amount remaining in the account 61 of 
hands of the Treasurer belonging to each fund, and shall give to such ^ffi <&*&"*& 
Treasurer an official statement of the several sums charged to him, as Treasurer t0 
having been collected by him, for and on account of the several funds. lb., 55, \ i%7~ 
The County Auditor shall also make out and deliver to said Treasurer 
duplicate certificates, showing the amount charged on the duplicate for 
the several purposes for which taxes and assessments shall have been 
levied ; also, of the taxes, &c, remaining unpaid, as stated on the de- 
linquent list. 

Sec. 92. That the various County Auditors are authorized to ap- county Au- 

J L tutors may ap- 

point a sufficient number of assistants to enable them to complete point assist- 

the said assessment within the time fixed by law, and, to defray the isn, xiv, 6-24, 
expense of making said assessment, the said Auditors shall draw their s "' 
warrants annually upon the County Treasurers, to be approved by 
the County Commissioners, for such sums as may be necessary, but not compensa- 
te exceed the following, to wit : The Auditor of Charleston County, two \a°*is?tuts U — U 
thousand dollars ; the Auditors of Richland, Orangeburg, Edgefield, t^toed. 1 " 5 ° b ' 
Beaufort, Barnwell, Colleton and Abbeville Counties, one thousand dol- 
lars ; the Auditors of Chester, Darlington, Fairfield, Greenville, Ma- 
rion, Sumter and York Counties, eight hundred dollars; the Auditors of 
Georgetown, Kershaw, Laurens, Lexington, Newberry, Spartanburg and 
Union Counties, seven hundred dollars ; the Auditors of Chesterfield, 
Clarendon, Marlboro and Williamsburg Counties, six hundred dollars ; 
the Auditors of Anderson, Horry, Lancaster, Oconee and Pickens Coun- 
ties, five hundred dollars each. 

Sec. 93. It shall be the duty of the County Auditors to receive the when offices 
returns and make the assessments provided for in this Chapter, within shall be open 

to receive i"e- 

the times prescribed by law, and for this purpose the offices of the County turns. 
Auditors shall be kept open to receive the returns of tax payers during j^ 71 ' XIV ' eis ' 
such times as now, or may be hereafter, fixed by law. 



72 



COLLECTION OF TAXES. 



CHAPTER XIII. 



Of the Collection of Taxes. 



Sec. 

1. All taxes, except as otherwise provi- 

ded, payable annually on the loth day 
of January; receipts giren. 

2. When County Treasurer to keep his 

office open for reception of taxes. 

3. When taxes not paid on or before Jan- 

uary 15th, or not paid, with twenty \ 
percent, pena ty, on or before Feb- 
ruary loth, Treasurer to proceed to 
collect by distress. 

4. When taxes, assessments and penalties 

against real property are not paid 
on or before January 15th, a penalty 
of twenty per cent, shall be added, 
and if not paid by February 20ih, 
treated as delinquent taxes, and col- 
lected as such. When estate may be 
sold. 

5. Notice of taxation to be published by 

County Treasurer on receipt of tax- 
duplicate from County Auditor, sta- 
ting rate of taxes for the several 
purposes. 

6. All personal property liable for taxes ; 

County Treasurer or Deputy may 
distrain, if to be found, and "imme- 
diately advertise for sale in not less 
than rive nor more than ten days, to 
pay taxes and assessments due. 

7. When real estate is erroneously re- 

turned delinquent, and sold, sale to 
be void; if taxes are illegally as- 
sessed and collected, they shall be 
paid back on demand. 

8. When any person charged with taxes 

complains, in writing, that he is er- 
roneously taxed, the County Treasu- 
rer shall report to County Auditor, 
and he to State Auditor; Treasurer 
not to proceed by distress till direct- 
ed by Mate Auditor. 

9. State Auditor authorized toremitpen- 

alty fo* non-payment of taxes in 
certain cases. 

10. Treasurer allowed same fees for dis- 

tress as Sheriffs. 

11. County Treasurer to settle with Coun- 

ty Auditor on or before first Tuesday 
in April, each year, for all taxes, as- 
sessments and penalties on duplicate 
for preceding year; Treasurer re- 
sponsible for taxes. 

12. County Treasurer to present State Au- 

ditor and comptroller General, 
each, with one of the certificates 
received of County Auditor, pro- 
vided for in Chapter XII; to pay 
forth wiih to State Treasurer all 
moneys belonging to the State; 
shall pay all moneys collected by 
him 10 State Treasurer on the fif- 
teenth day of each month. 

13. If chattel tax unpaid ut time fixed by 

law. County Treasurer may distrain 
property, or proceed by action or 
. proct edings in attachment, same as 
private individual. 

14. How to proceed against non-residents 

for delinquent chattel tax; fees and 
distribut u in of same. 

15. All real property returned delinquent, 

shall be offered for sale on second 
Tuesday in March. 

16. County Auditor to compare delin- 

quent list with duplicate in bands of 
county Tr< asury, on 15th of Februa- 
ry, and desl n ate all parcels of real 
estate di linquent, and advertise 
-aiue for sale. 

17. County Auditor to -publish list of de- 

linquent lb no" - weekft fortwoweeks. 

bet\\<<n tenth day 01 February; and 
tirst Monday In March, to which list 
n hi be ai Cached notice of sale; form 
of. 



Sec. 

18. On fii'st Monday in March, County 

Treasurer, at his office, shall offer 
for sale all delinquent lands adver- 
tised; sale continued from day to 
day ; who to be purchaser ; State to 
purchase in certain cases ; proviso. 

19. Land to be re-sold ; penalty for failure 

on the part of the purchaser to make 
payment. 

•20. County Auditor to attend delinquent 
land sal** and keep record of sales, 
and forward copy to State Auditor. 

21, Distribution of proceeds of delinquent 
land sales. 

22 If County Auditor, for any cause, omit 
to publish delinquent list and taxes, 
assessments and penalties not paid, 
he shall publish it with delinquent 
list of succeeding year. 

23. Purchasers ot land at delinquent land 

sale to receive certificate from Coun- 
ty Auditor on payment of proper 
amount to Treasurer and County Au- 
ditor; certificate, contain what; lo- 
cation of lands. 

24. No deed or survey to be made till ex- 

piration of two years. 

■ 25. Certificates of purchase assignable by 

endorsement , 
; 26. Land sold at delinquent land sales re- 
deemable at any time within two 
years. 
27. Bow land sold at delinquent land sale 
may be redeemed ; what must be 
paid. 

■ 28. Application for redemption of land 

sold for taxes must be made to 
County Auditor; property, how re- 
leased. 

29. County Auditor, on redemption of 

land, to publish notice thereof for 
two weeks. 

30. Tenant in common may redeem his in- 

dividual share of real estate sold at 
delinquent laud sale. 

31. The purchaser, or his legal representa- 

tives, of delinquent lands, when said 
lands are redeemed, on surrendering 
certificate of purchase to Auditor, 
shall receive order on Treasurer for 
money deposited. 
32 How any person interested mayredeem 
land by consent of purchaser before 
deed is executed. 

33. After lapse of two years from sale of 

land. County Auditor to execute 
deed of conveyance to purchaser, if 
not again delinquent on payment, 
A« ; two tracts in one deed "; prima 
facie evidence of title. 

34. All land offered for sale at delinquent 

land sale, ami not sold for want of 
bidders, to be forfeited to the State, 

35. County Auditor to keep a record of 

real estate forfeited to or purchased 
in behalf of the State; copy sent to 
State Auditor. 

86. County Auditor of any County, where 
a delinquent land" -air Is had, to 
make deeds therefor, though land 
subsequently transferred to another 
County. 

37. Real estate sold at delinquent land 
Bale to be placed by Auditor in the 
name of purchaser, 

38. The sale Ol real estate at delinquent 
land sale not Invalid tinm having 
been correctly entered on duplicate, 

89. If certificate given ai delinquent land 

sale be lost, a deed Shall be given 

paxne as If not lost. 
40. County Auditor to keep minutes of all 
deeds made purt nani to Pales, and 
minutes of all redemptions. 



COLLECTION OF TAXES. 



73 



Sec-. 

4 1 . Rightoftenantsin common purchased, 

purchaser to bold with others as ten- 
ants in common. 

42, Count v Treasurer to lease lands bought 

by State; Attorney General to pre- 
scribe form of lease; terms of lease. 
■Jo. Right of pre-emption acquired by 
leasee. 

44. Forty acre lots to be sold to highest 

bidder ; terms on which lessee m i\ 
purchase. 

45. Patents to be issued ; provision in case 

of assignment of certificate. 
40. County Treasurer to report, annually, 
lands Leased; to account for moneys 
as for taxes. 
4". New structures, when to be listed, 
48. Courts shall order taxes paid out of 
proceedsof real estate soldbyorder 
of same. 
Taxes, assessments and penalties held 
a debt due the State; to be first lien 
when to be first paid ; County Treas- 
urer may proceed by action against 
parties. 
In suits against County Auditor or 
Treasurer for performing duty under 
Chapters XII and Xllt, where plain- 
tiff succeeds, costs to he paid by fund 
involved in the action; if State inter- 
ested, State Auditor to he informed; 
local or municipal officers made par- 
ties ; when 

51. County Auditor to give state Auditor 

answer in writing, touching condi- 
tion and value of real estate, Ac. 

52. Pay of State Board of Equalization. 



40 



50 



SBC. 

53 Pay of City Boards of Equalization. 

54, Punishment of County Auditor and 

County Treasurer for neglect of duty; 
upon "indictment and conviction, 
fined and imprisoned in the Peniten- 
tiary. 

55. County Auditors authorized to admin- 

ister oaths. 

50. State Auditor, County Auditor and 
County Treasurer to be appointed 
by Governor; bond of Treasurers. 

57. State Auditor xo number houses, &c, 
in Charleston ; penal offence to re- 
move. 

5S. Governor may remove Auditors and 
Treasurers, &c. 

59, Default oftraVer removed to turnover 
hooks, Ac.jhow punished. 

GO. If Senate not in session, Governor to fill 
vacancy pro teui. 

61. Treasurer of Charleston County au- 

thorized to appoint three Deputies; 
duties, pay, bond. 

62. Collection of taxes not to be enjoined. 

63. In action for recovery of illegal taxes, 

only amount paid recovered. 
64 Attorney General to defend County 
Treasurer or other officer; when; 
judgment, how paid. 

65. Unpaid taxes levied by the late Provi- 

sional Government or under Militai y 
Orders to be collected by County 
Treasurers. 

66. Fees for collection of taxes paid, but 

no nulla bono writs. 

67. Attorney General to give State Audi- 

tor opinion when requested. 



Section 1. All taxes, except as herein excepted, shall be payable, an- 
nually, on or before the fifteenth of January after their assessment, and 
the several County Treasurers shall collect the same in the manner re- 
quired by law, and give the receipts therefor to the several parties pay- 
ing the same, in which the real estate paid on shall be briefly described, 
and the value of the personal property paid on shall be stated, together 
with the time such taxes may be payable. 



Sec 2. The County Treasurer shall keep his office open for the receipt 

of taxes from November twentieth to March twentieth. 



All taxes, 
except as oth- 
erwise pro- 
vided, paya- 
ble annuallv, 
on or before 
1 5th day of 
January. 
Receipt given 

1868! XIV, 56, 
§95; 187LXIV. 
621,118. 

When Coun- 
ty Treasurer 
to keep his of- 
fice open for 
reception of 
taxes. 

lb.. § 96: lb., 
1 9. 



Sec. 3. When the taxes and assessments charged against any party or 
property on the duplicate shall not be paid on or before the fifteenth of 
January, after the assessment thereof, or when the remainder of such 
taxes and assessments shall not be paid on or before the fifteenth of Feb- 
ruary next thereafter, together with twenty per cent, penalty on such, 
remaining unpaid, the County Treasurer shall proceed to collect the same, 
by distress or otherwise, as may at the time be prescribed by law, to- 
gether with a penalty of five per cent, on the amount so delinquent, 
which penalty shall be for the use of the Treasurer, as a compensation 
for making such collection. 



When taxes 
not paid on or 
before 15th of 
January, or 
not paid with 
20 per cent. 
penalty on or 
before 15th of 

February, 
Treasurer to 
proceed to 
collect by dis- 
tress 



lb, 

«[ 10. 



j97j lb., 



Sec. 4. When the taxes, assessments and penalties charged against Wh 
anv parcel or lot of real property shall not be paid on or before the fif- assessments 

* l r r j i an( i penalties 

teenth day of January, in each year, or collected by distress or otherwise, against real 

... i p property are 

as authorized by this Chapter, a penalty of twenty per cent, thereon shall not paid on 
10 



74 COLLECTION OF TAXES. 

orbefo'-e 15th be added by the County Auditor on the County duplicate; and if the 

of January, a J J , , 

penalty of 20 said taxes and penalty shall not be paid on or before the twentieth day 

percent, shall 

be added ; and of February next thereafter, or collected by distress or otherwise, the 

if said tuxes i ., , n i i , -, ,. 

and penalty penalty and said taxes shall be treated as the delinquent taxes on such 
20th of Febrn- real property, to be collected in the same manner that is, or may be, 

delinquent prescribed by law ; and if the amount of such delinquent taxes, assess- 
coUected as ments and penalties shall not be paid on or before the second Tuesday 

When estate in March of the current year, the delinquent taxes, assessments and pen- 
—■ ?£—tr°* -n alties of the current year shall be due and collected by the sale of such 

lb.. 51, § <9; J •' 

lb., 621, «i 1. real estate in the manner that is or may be required by law. 

Note of '^ Et " ^' ^^ e bounty Treasurer, immediately upon the receipt of the 
1 ! l" lu'd '— tax duplicate for the year from the County Auditor, shall cause a notice 
countyTreas- to be inserted once in two daily newspapers published at the County -eat 

urer on re- i , 

eeipt of tax of his County, if two such papers be there published; if not, then in one 
from county such paper; and if no daily paper be published at such County seat, then 

Auditor, sta- . • , i , . , , . , r, , . „ , 

ting rate of m two weekly papers published at said County seat; but if two such 
verai purpo- weekly newspapers be not published, then in one such paper ; and if no 
~i b 56 5 9 8 — P a P er is published in the County, then such notice shall be given in such 
manner as the Count}' Treasurer may direct, stating the total rate per 
centum of levies for State purposes, and the total rate per centum for all 
other purposes, on the duplicate of that year; and if any special levies 
have been made on the property of a school or other district, not affect- 
ing an entire County, the total rate of levies in such district shall also 
be stated in such notice. 



Sec. 6. All personal property subject to taxation shall be liable to 

property 8 "ia- distress and sale for the payment of taxes and assessments; and, at any 

At anytime time after any taxes or assessments shall become due, according to law, 

due' accord- the County Treasurer, by himself or deputy, may distrain sufficient per- 

comrty'TreaiS sonal property of the party against whom such taxes or assessments are 

deputy" 1 may charged, if the same can be found in his County, to pay the taxes or 

sonafmoper- assessments so due, with any penalty charged or chargeable thereon, and 

found '"and the costs that may accrue, and shall immediately advertise the same in 

ad'erttae*^ three of the most public places in the town, or ward, or district in which 

same for saie^ suc b property shall be distrained, stating the time and place in such town, 

than five, nor W ard or district when and where such property will lie sold ; and, if the 

more than ten _ . 

days, to pay taxes, assessments and penalties for which such property was distrained, 

taxes and as- . l t * . i /> i 

sessments together with the costs of the proceeding, shall not be paid before the 
due. , 

ii, ><j^ — day appointed for such sale, (which shall not be less than five, nor more 

than ten, days after posting up such notices of sale,) such Treasurer, or 
his Deputy, shall proceed, at the time and place mentioned in said no- 
tices, to sell such property, or so much thereof as may lie necessary, at 
public vendue, to the highest bidder; and if such property, or a sufricit nt 
amount thereof, shall not be sold at the time and place aforesaid, such 
Treasurer shall retain the same in his possession, and advertise and offer 
the same for sale, in manner aforesaid, from time to time, until the same 
>hall lie sold. 



colli cnox OF TAXES. 75 

Sec 7. If any taxes charged on any real estate be regularly paid, and where taxes 
such real estate be erroneously returned delinquent, and sold for such real estate, 
taxes, the sale shall be totally void ; or if any taxes shall be illegally estate is erro- 
assessed and collected, when the same shall become known to the County turned 3 deiin- 
Auditor, he shall, on demand of the party interested, submit the matter sold nt 'sale ai to 
to the Auditor of State ; and if the Auditor of State approve thereof in j' f u ™* d '\.^','\ 
writing, the amount paid by the purchaser at such void sale, or the asspsse(f s and 
amount so illegally collected, shall be repaid to the party paying the they'snaif'be 
same, out of the County Treasury, on the order of the County Auditor ; §|^ a na° k on 
and so much of said taxes as shall have been paid iuto the State Treas- ~it>., r.i^JsC 
ury shall be refunded to the County Treasury, and the County Auditor 
shall retain the same in his next annual settlement, and charge the State 
therewith. 

When any 

Sec. 8. Whenever any person or persons, charged with taxes upon the person charg- 
books of any County Treasurer in this State, shall state, in writing, to complains, in 
said Treasurer that he, or they, have been erroneously or illegally charged he is e'rrone- 

• l i • i r\ try 1 1 i • i *-i i- OUSly taxed, 

with the same, said Lounty -treasurer shall submit to the County Auditor the county 
a full statement of the facts in the case, which statement shall be for- shall report, 
warded to the State Auditor, with such additional information, relating Auditor, ai>a 
thereto, as the said County Auditor may be able to give; and said County Auditor. 
Treasurer shall not be required to proceed against the party or parties so not to "pro- 
claiming to have been erroneously or illegally charged with taxes, by tress t'fiiVii- 
distress or otherwise, until the State Auditor shall, in writing, direct him state Auditor. 
so to do. i^70,~xiv73s7; 

§G. 

Sec. 9. That in all cases where the penalty for non-payment of taxes 
has attached to property held by assignees in bankruptcy, and which tor authorl 
could not, or cannot, be sold before the time at which taxes become due; {fealty le for 
and in all cases where sales of property, for the settlement of estates, or- "f ""t'sfxe™ e "in 
dered by any Court in this State, have not been, and cannot, for want of ' 
time, be made in season for the payment of taxes due thereon, the State 
Auditor, upon proper evidence that the taxes due upon such property 
have not been, and cannot be paid, until a sale of said property is 
made, may remit the penalty which bj' law attaches for non-payment of 
taxes. 

Sec. 10. The Treasurer shall be allowed the same fees and costs for Treasurer 

i - - i- , , n n i n allowed .same 

making distress and sale of property for the payment of taxes as are or fees for dis- 

tress and sale 

may be allowed to Sheriffs or Constables for making levy and sale of as sheriffs' 
property on execution, traveling fees to be computed from the seat of !^ XIV > 57 > 
justice of the County to the place of making distress. 



certain cases, 
lb., 366, § 3. 



Sec. 11. Each County Treasurer shall, on or before the first Tuesday 



County Trea- 



of April of each year, settle with the Auditor of his County for all taxes, surer to settle 

1 J ' ,ii with County 

assessments and penalties collected by him on the duplicate of the pre- Auditor on or 

1 . .... before first 

ceding year, and ascertain the amount with which he shall stand charged Tuesday in 
on account of such taxes, assessments and penalties; and he shall furuish year,' for ail 



76 COLLECTION OF TAXES. 

tuxes, assess- said Auditor the names of all partie.s against whom taxes, assessments or 

incuts and 

penalties coi- penalties are charged on said duplicate, from whom he has been unable 

lected on (lu- . . . . . , , 

plicate for to collect such taxes, assessments or penalties, and the amounts uncol- 
year; Treas- lected; and when such Treasurer has made a list thereof, he shall swear 
we for taxes!" to and sign the same before said Auditor, assigning only such reasons for 
\i'v i i'>i' : « 1 n ' """'' ""'' r, ' nl1 :ls are mentioned in the ninetieth Section of Chapter XII, 
(and only such amounts shall be inserted in*" said list as remain uncol- 
lected on account of some one of the causes mentioned in said ninetieth 
Section,) and after deducting his fees and the amount included in said 
delinquent list, he shall stand charged with the remainder of the taxes, 
assessments and penalties charged on said duplicate; but if, in making 
such settlement, the County Treasurer shall stand charged with any 
tax, assessment or penalty which, in fact, was not paid prior thereto, 
he may, at any time while remaining iu office, collect the same by distress 
and sale of property, as in other cases of delinquent taxes, or by action 
in his own name, as for money paid for the use of the party or parties 
charged with, or bound to, pay said tax, penalty or assessment ; and, after 
going out of office, he may maintain an action in his own name, as afore- 
said, for the collection of such tax, penalty or assessment. 

count Trea- Sec. 12. Each County Treasurer shall, within ten days next after 

8 entth t0 state eac ^ annua ^ settlement with the County Auditor, as required by this 

A c Udi '°t- if Ild Chapter, present to the Auditor of State and Comptroller General, 

General, each, each, one of the duplicate certificates required by the ninety first 

with one of ' ' i 

the certifl- Section of Chapter XII to be given to him by the County Au- 

cates receiv- * , ~ ' 

ed from Audi- ditor; he shall also present to the Auditor of State the abstract 

County Trea- of the delinquent list required by the ninetieth Section of Chap- 
surer to pay -rrT-r i • i A T n r. i . 

forthwith to ter XII, to be transmitted to said Auditor of btate; and, upon the 

rer ail mon- receipt of the certificate and abstract aforesaid, the Auditor of State 

to state. '" shall settle with such County Treasurer for the money in the hands of 

lb., §102. such Treasurer belonging to the State, and, upon ascertaining the exact 

sum or sums payable by such Treasurer, shall certify the same to the 

Comptroller General, specifying in such certificate the amount belonging 

to each fund, and the total amount to lie paid into the State Treasury ; 

and, on receipt of such certificate, the Comptroller General shall issue 

his certificate, specifying as aforesaid; and said County Treasurer shall 

forthwith deliver said Comptroller's certificate to the Treasurer of the 

State, and pay into the State Treasury the full amount of all sums so 

found to be in his hands belonging to the State, and the Treasurer of 

State shall give to such County Treasurer triplicate receipts therefor, 

^countyTrea- specifying therein the amount of each fund and the aggregate as stated 

pay to state m S aid certificates, one of which said County Treasurer shall deliver to 

Treasurer all ' 

moneys coi- the Auditor of State, and one to the Comptroller General: I'mriiinl, 

lected by him 

<>n ffie istii of Every County Treasurer shall, on the fifteenth of each month, forward 

each month. ■ JL , . 

to the State treasurer all the moneys collected by him for or on account 
of the State taxes, specifying for and on account of what fund the same 
was collected, for which triplicate receipts Bhall be returned to them by 
the State Treasurer; of said receipts one shall be retained by the County 
Treasurer, one shall be forwarded bj him to the State Auditor, and one 



COLLECTION OF TAXI.-. 77 

to the Comptroller General. The County Treasurer shall, also, on the 
fifteenth day of each month, notify the Board of County Commissioners 
the amount of funds collected for and on account of their respective 
Counties, and the character of such funds. 



13. If any chattel tax shall be unpaid at the time fixed for the 
payment thereof by this Chapter, or returned delinquent, as authorized tax unpaid at 
by this Chapter, the County Treasurer may not only distrain property la"" county 
for the payment thereof, but may recover the same, with the penalties may^dStrain 
thereon, by action at law, proceedings in attachment, or other means au- proceed 7 ' °y 
thorized by law to be used by private individuals in the collection of cee'ungs pr in 
debts, which action or other proceedings shall be prosecuted in the name 9 a!ie C a™ e p?l- 
of such Treasurer; and if he shall die or go out of office before the ter- ™| e * ndlTld - 
mination of such action or proceeding, or the final collection of the ~il>., »s, § 103. 
money, or any judgment or order therein, his successor or successors 
may, from time to time, be substituted as plaintiff therein. 



Sec. 14. If, after the return of any chattel tax by any County Treasu- 
rer as delinquent, the County Treasurer shall know or be informed that ceed^agamst 
the party against whom the same is charged resides in some other County for"" 168 deMn- 
in this State, or has property or debts due him therein, it shall be his n^Feeifaifl 
duty to make out and forward to the Treasurer of such other County a o'Psaine 1 ' 10 " 
certified statement of the name of the party against whom such taxes are lb., § < ,. 
charged, of the value of the property on which such taxes were levied, 
the amount of the taxes and penalties assessed thereon, and that the same 
are delinquent, to the aggregate of which taxes and penalties he shall 
add twenty-five per cent, as collection fees, upon the receipt of which 
certificate it shall be the duty of the Treasurer of such other County to 
collect such delinquent taxes and penalties, with the twenty five per cent, 
collection fees as aforesaid, for which purpose he shall have all the rights, 
powers and remedies conferred upon the Treasurer of the County in 
which such taxes were assessed, ami be allowed the same fees for dis- 
traint and sale of property as if said taxes had been levied in his own 
County, and, upon collection made, may retain one-half of said twenty- 
five per cent, collection fees, and shall transmit the balance collected by 
him to the Treasurer of the County from whom he received such certi- 
fied statement by mail, at the same time transmitting by mail, to the 
Auditor of the County from which said certified statement was sent, a 
statement of the amount thus transmitted by mail to the Treasurer of 
said latter County, and of whom collected, and said Auditor shall charge 
his Treasurer therewith, after deducting one-half of said twenty-five per 
cent, collection fees, and distribute the same to the several funds for which 
it was levied, and the State proportion shall be paid into the State Trea- 
sury at the next annual settlement of the County Treasurer; but, if the 
Treasurer, to whom any such statement is sent, cannot collect the amount 
therein named, or any part thereof, he shall return the same, so en- 
dorsed, with reasons for such non-collection. 



TO COLLECTION OF TAXES. 

ah real pro- Sec. J5_ All rea ] property returned delinquent by the County Treasu- 

ed delinquent r er, as provided for by this Chapter, shall be offered for sale on the 
shall be offer- 1 •> r ' 

ed for sale on second Tuesday in March next after the same shall be thus returned, to 
second Tues- J 

.la y of M arch, satisfy the taxes, assessments and penalties charged thereon. 

Ib., 59,5 105: 
1871, XIV, 821, 
« 12. 

county An- Sec. 16. On or before the fifteenth of February, annually, the County 

duor to com- - - ■> J 

pare delin- Auditor shall compare the delinquent list with the duplicate in the hands 

quent list m 

with dupli- of the County Treasurer, and designate, on said list, all the parcels of 

cate in hands ,.-,, 01 1 

or the County real estate upon -nhich the taxes, assessments and penalties have been 

Treasurer on. 

l'tn of Febru- paid, including the taxes of the then current year, and proceed to adver- 

and designate tise the remainder for sale, as hereinafter provided. 

all parcels of 
real estate de- 
linquent, and 

same r ioi e saie! Sec. 17. Each County Auditor in this State shall, annually, cause the 
~T5T7§ loiiTib^ list of delinquent lands in the County to be published weekly for two 
weeks, between the tenth of February and the first Monday in March 
, r ? ou s n t ty A | l " following, in one newspaper, and no more, published in his County; and 
Usn list of if no paper be published in said County, then in some newspaper having 
lands weekly, the most general circulation in said County, to which list there shall be 

fortwoweeks, ° ^ . . . , 

between loth attached a notice in the following form, to wit: "Notice is hereby given 

of February 

and 1st Mon- that the whole of the several parcels, lots and parts of lots of real estate 

'lay in March, -,.,-,.. ,. ,. , , * -111 

to which list described in the preceding list, or so much thereof as will be necessary 
ed notice' of to pay the taxes, penalties and assessments charged thereon, will be sold 

Form of. by Treasurer of County, South Carolina, at his office in 

ij)., § 107 ; lb., sa io! County,"on the second Tuesday ( — th) of March, A. D. , unless 

said taxes, assessments and penalties be paid before that time ; and such 
sale will be continued from day to day until all of said parcels, lots and 
parts of lots of real estate shall be sold or offered for sale. 

, A. D. , 

, Auditor of County." 

And said Auditor shall insert, at the foot of the record of said delinquent 
list, a copy of said notice, and certify to the correctness thereof, in what 
paper the same was published, when, and how long, and sign the same 
officially. 

On first Mon- Sec. 18. The County Treasurer, or his Deputy, shall attend at his 
toun?yTreasl orn V e on the first Monday in March, and then and there, after the hour 
office shaii'of- °^ ^ o'clock in the morning, offer for sale, at public auction, each tract, 
^de'nnfu'eiit' 1 I >arce l or 1°* 0I " rea ^ estate described in the advertisement aforesaid, on 
lands adver- which the taxes, assessments and penalties charged thereon shall not have 

tised ; who to l & 

be purchaser ; been paid; and the person then and there offering to pay the taxis, as- 
Bale coiitinii- 1 r t ° r J 

ed from day sessments and penalties charged thereon, for the least quantity thereof, 

to purchase in shall be the purchaser; and the Treasurer shall continue such sale, from 
certain cases. , 1 -, , , , n 1 1 m 1 • • 1 

n>.. 1 ins; ii,., day to day, until each tract, parcel or lot of real estate desci ibed in said 

advertisement, upon which the taxes, assessments and penalties shall not 

Proviso. have been paid, shall lie sold or offered for sale : Providi ■/, Thai the sale 

thus made shall be denominated the delinquent land sale: Provided, 



COLLECTION OF TAXES. |J 

further, That if the land advertised for sale as aforesaid, except in incor- 
porated cities and villages, cannot be sold for at least one-fourth of its 
assessed value, the Auditor shall, on behalf of the State, purchase suffi- 
cient thereof, at that rate, to satisfy the amount of the taxes, assessments 
and penalties aforesaid. 

Sec. 19. If the party purchasing any part of real estate at the sale Penalty for 

, . , v r* .' , 7~i f >i i n-« • failure on the 

mentioned in the preceding bectiou shall fail to pay the treasurer lm- part of the 
mediately the amount of taxes, assessments and penalties charged make paj-m't. 
thereon, the Treasurer shall immediately offer the same again for sale, as sold, 
if no sale had been made; and the purchaser or purchasers so failing to ib|60, § 109. 
make payment of said taxes, assessments and penalties, shall forfeit aud 
pay a penalty of fifty per cent, on the amount thereof, which shall im- 
mediately be charged on the duplicate of the County, by the County 
Auditor, against such purchaser or purchasers, and collected as taxes, 
aud with like penalties for delinquency ; aud, when collected, one-half 
thereof shall be paid into the County Treasury, and the other half into 
the State Treasury. 

Sec. 20. The County Auditor, or his Deputy, shall attend all sales of 
delinquent real estate made by the Treasurer of his County, and shall aSavto la- 
make a record of such in a substantial book, therein describing the seve- q*^f lt a fina 
ral parcels offered for sale, as described in the advertisement aforesaid, recor^of the 
and stating how much of each parcel was sold, and to whom sold; and ?nwa! cow/to 
if any parcel was offered for sale and not sold for want of bidders, or State au ditor. 
shall have been bid in on behalf of the State, he shall so enter it on 
record ; and the County Auditor shall make out and certify a copy of 
said record, and forward the same to the Auditor of State, by the County 
Treasurer, at the time said Treasurer makes his annual settlement with 
the Auditor of State next after such sale. 

Sec. 21. All moneys received by the County Treasurer at any delin- Distribution 

quent land sales shall be distributed, by the County Auditor, to the seve- delinquent 

land s 



Hi., b in. 



ral funds for which they were respectively levied, after deducting the 
expenses of the advertisement aforesaid, and the State's proportion paid 
into the State Treasury by the County Treasurer, at his next annual set- 
tlement with the Auditor of State after such sale. 

Sec. 22. If the County Auditor, by inadvertence or mistake, or any 
other cause, shall have heretofore omitted, or shall hereafter omit, to Auc u to ( r oul for 
publish the delinquent list of his County, it shall be his duty, unless all :ui >' t , cause, 
taxes, assessments and penalties charged therein shall have been paid lish ,. delln r 

' L ° 1 ijuent li-t an>l 

prior to the next April settlement thereafter, of the County Treasurer, to taxes, assess- 
1 A i " ments and 

charge the several parcels of real estate described in said list with said penalties not 
,...,, , , paid, he shall 

taxes, assessments aud penalties, with the taxes, assessments and penal- publish it 

t !•• i -,.» with delin- 

ties of the year next succeeding such omission, and record, certify and ciuent list of 

succeeding 
publish the same as part of the delinquent list of such succeeding year, year. 

according to the provisions of this Chapter. 



Ib, §112: 1871 
XIV, f 10. 



80 COLLECTION OF TAXES. 

P ,i; ^ a -^ Sec. 23. Upon the payment of the proper amount into the County 

lmquent land Treasury, and fiftv cents to the Countv Auditor for the certificate, and 

sale to re- ■" J 

ceive ceriiti- t en cent? for the transfer of each parcel of real estate purchased at de- 

cate from * x 

County Au.ii- linnuent land sale, the Countv Auditor shall tnve to each purchaser at 

tor on pay- . 

mc-nt of pro- such sale a certificate of purchase, in which he shall describe such par- 

per amount , . . ,. 

to Treasurer, eel as the same was described m the delinquent list, and state when the 

50 cents to til© 

County Audi- same was sold, and for what amount; and, if only a part of any parcel 
certificate, advertised was sold, he shall specify the quantity sold, and authorize a 
the transfer, surveyor, at the request of the purchaser, his heirs or assigns, to lay off, 
contain what, by metes and bounds, as near as may be, in a square form, at the most 
land 'J atl0n ° North-westerly corner of any tract or lot of land described in said certi- 
ib., § 113. ficate, the quantity so sold ; and, if the sale be made from any city, vil- 
lage or town lot, or any part thereof, the surveyor shall be directed to 
so lay off the quantity sold that the same shall extend from the princi- 
pal street or alley forming the most convenient front to said lot to the 
rear of the lot, and to bound the same by lines as nearly parallel with 
the outlines of said lot as practicable. 

No deed or § EC 24. Xo deed shall be made for any real estate sold at delinquent 

survey to be J ^ 

made till ex- i all j sa i e until the expiration of two years from and after such sale. 

piration or 1 

two years Xor shall any survey thereof, required by any certificate of purchase, be 

■' l ' ■ ' 4 ' made until the expiration of the same period of time. 

certificates Sec. 25. The certificate of purchase at anv delinquent tax sale .-shall 
of purchase . " ,i . 

assignable by be assignable in law, by endorsement thereon, and an assignment thereof 

endorsement. ,,,'., . , , . , , . ,f . . , , 

Ib , 11& — shall vest in the assignee and his legal representatives all the right and 
title of the original purchaser. 

Landsoidat ^ EC - ^6. All real estate which has been, or may hereafter be, sold for 
land^saie^re- taxt ~> assessments and penalties at delinquent sale, under the laws of 
deemabie at tn j s State, mav be redeemed at any time'within two years from and after 

anytime with- - * •> 

in ' two years. sucn sa l e , and all such real estate belonging, at the time of such sale, to 
minors, insane persons, married women, or persons in confinement, may 
be redeemed at any time within two years from and after the expiration 
of such disability. 

h°w land Sec. 27. Any person or persons desiring to redeem any real estate 

qnent land sold at delinquent land sale, under anv law of this State, may, within one 

sale may oe . , 

redeemed. year after the -ale thereof, or within one year after the expiration of the 

What most -....,.. i-i i- o ' • t • •,!/-> 

he p aid. disabilities named in the preceding Section, deposit with the County 

ii>., § U7. Treasurer of the County in which such sale was made, upon the certifi- 
cate of the County Auditor, a sum equal to the amount for which such 
real estate was sold, with all legal charges paid by the purchaser at such 
sale, and subsequent taxes paid by such purchaser, his heirs or assigns, 
and twenty-five per cent, penalty thereon, and the value of growing 
crops, if any there are, and two dollars to pay the expense of advertising, 
as hereinafter provided; and any person desiring to redeem any such 
real estate after the expiration of one year, and within two years after 



COLLECTION OF TAXES. 81 

anv such sale, or the removal of any of the disabilities aforesaid, may 
deposit with the County Treasurer aforesaid, on the certificate of the 
County Auditor, an amount of money equal to that for which such real 
estate was sold, and taxes subsequently paid thereon by the purchaser 
and those claiming under him the legal charges as aforesaid, and fifty 
per cent, penalty thereon, and two dollars to pay the expense of adver- 
tising, as aforesaid ; also, paying the Auditor fifty cents for his services in 
attending to such redemption in either case. 

Sec. 28. All applications for the redemption of real estate sold at Application 
delinquent tax sale, as aforesaid, shall be made to the Auditor of the tion of land 
County in which such real estate shall have been sold by a party inter- must be made 
ested in the title to said estate; and upon such application the Auditor ditor; U proper- 
shall give to such party the certificate mentioned in the preceding Sec- Ieased° W 
tion, describing the real estate sought to be redeemed, and specifying the lo., § us. 
sum necessary for such redemption, and adding thereto the two dollars 
for expense of publishing the notice of such redemption, ujion the pre- 
sentation of which to the County Treasurer of the County, and payment 
of the sums mentioned therein into the County Treasury, the Treasurer 
shall give to the applicant duplicate receipts therefor, describing the 
property as described in said certificate of the Auditor ; and, upon the 
delivery of one of such receipts to the County Auditor, said Auditor 
shall immediately cancel the sale, and transfer the property to the party 
redeeming the same ; and such jsayment and cancellation shall operate 
as a release of all the rights of the purchaser at such sale, his heirs and 
assigns. 

Sec. 29. The County Auditor, immediately upon the redemption of county au- 
auy real estate as aforesaid, shall publish in some newspaper of general demption of 
circulation in his County, for two consecutive weeks, a notice, addressed nju ' notice 
to the purchaser and his assigns, that the money has been deposited in two weeks, 
the County Treasury of his County for the redemption of such real n>.,B2,§H9. 
estate, describing the same and the time when sold for taxes; for the 
publication of which notice said Auditor shall pay the sum of two dol- 
lars out of the County Treasury. 

Sec 30. Any tenant in common mav redeem his individual share in common may 

' * , . . redeem his in- 

anv real estate sold at delinquent land sale in the manner provided for dividual 

i ,. r* i r\ m /» 1 • share of real 

in the preceding sections, upon payment into the County Treasury of his estate sold at 
equal proportion of the sum requisite for the redemption of the whole, land sale, 
and two dollars for the publication of the notice of such redemption. Ib > 5 1 -°- 

Sec. 31. Upon the demand of the purchaser or his legal representa- ser^'or'his ie- 
tives of any real estate redeemed as aforesaid, and the surrender of the taVives, 'ol "de- 
certificate of purchase to the County Auditor, and payments of fifty Sands' 1 "when 
cents to said Auditor for his services in attending to such redemption, ,;!!j!.emed "on 

the Auditor shall cancel said certificate of purchase, file the same in his j?",T£« n '!^ lm ? 

* ' certificate ot 

office, and give to such purchaser or his legal representatives an order on ? n ^tS 8e aiiajS 
the County Treasurer for the amount of money deposited in the County receive order 

» p » 1 J on Treasurer 

Treasury in manner aforesaid, for the redemption of the real estate de- for money de- 
scribed in such certificate of purchase. iii; 



82 COLLECTION OF TAXES. 

How any per- g Ea 32. Any person interested may, at any time before the deed is 

sons interest- ^ ■*■ j > j 

ed may re- ma( j e by the County Auditor, with the consent of the purchaser of any 

consent of parcel of real estate sold at delinquent land sale, and the delivery and 

tore deed ex- cancellation of the certificate of purchase, redeem such real estate; and 

executed. . * . 

~~ ib., 1 122! in such case, and, also upon deposit of money in the County Treasury, 

as aforesaid, for the redemption of any real estate sold at such sale, the 

County Auditor shall note such redemption or deposit, and by whom and 

when made, on the record of delinquent land sales, and sign his name 

officially thereto, for doing which any party redeeming by consent, as 

aforesaid, shall pay said Auditor fifty cents as his fees. 

After lapse of S EC - 33. After the lapse of two years from the time of any delinquent 
from safe 6a of i an( ^ sa ^ e > if au y purchaser of any real estate at such sale, or his legal 
AuditortoeS representative, shall present to the Auditor of the County in which such 
eeute deed of ga j e was n iade a certificate of purchase of the whole of any tract or lot 
to purchaser, f rea i estate sold at such sale, or in case of the sale of part of a tract 

if not again l 

delinquent on or J t offered at such sale, present to said Auditor the certificate of sale, 

payment, &c; l 

two tracts in and the survey and plat of the quantity purchased, made by the Sur- 
one deed. J r . 11 

veyor, as required by this Chapter, and the taxes and assessments levied 

on the real estate described in such certificate, or certificate and plat, 
shall have been so far paid as that the same is not again delinquent; said 
Auditor shall (upon payment to him of two dollars as his compensation 
therefor) make and deliver to such purchaser, his heirs or assigns, as the 
case may be, a deed of conveyance for the real estate so sold as afore- 
said: Provided, That where the whole of two or more several tracts or 
lots, or parts of tracts or lots, of real estate have been, or shall be, sold 
to the same party, or the certificates of purchase of different tracts or 
lots, or parts of tracts or lots, have been, or shall be, legally acquired by 
one person, and the party thus purchasing or holding certificates, as 
aforesaid, shall demand one deed for the whole of the real estate so pur- 
chased, the County Auditor shall include the whole in one deed, if all 
the requirements of this Chapter have been complied with, so that the 
party demanding such deed would be entitled to separate deeds for the 
said several parcels of real estate ; and if the whole of any tract or lot 
of real estate has been acquired by one party by different purchases, or 
by assignments of certificates of purchase, the survey and plat aforesaid 
shall be dispensed with, and the deed made for the whole; and the deed 
Prima fade go made by the County Auditor for any real estate sold at delinquent 

evidence of ti- , .",. . , '„ , ..,-, . , , • 

tie. land sale shall be prima facte evidence ot a good title in the grantee, his 

it>., § 123. heirs and assigns, to the real estate therein described. 

ah land of- Sec. 34. Each tract or lot of land, or part thereof, or city, villa::. 01 
!rt r do)£quent town lot, or part thereof, which shall be offered for sale by the County 
not* goS for Treasurer at any delinquent land sale, as provided for in this Chapter, 
de'i" !i. ',''„• Voi 1 --" and not sold for want of bidders, shall thereby become forfeited to the 
retted to the gtate of goutll c aro ii na> an( j thenceforth all the right, title and int. resl 
ti)„ fm. f the former owner therein shall be vested in the State of South Caro- 
lina, and shall be designated by the County Auditor on the list of delin- 
quent lauds as "forfeited," and transferred to the State of South Caro- 



COLLECTION OF TAXES. 80 

lina, and charged with taxes and penalties, as if the same was purchased 
by a private individual, and returned by the Treasurer as delinquent 
until sold as forfeited real estate. 

Sec. 35. The County Auditor shall enter in a substantial book, to be „ 

' County Ail- 

provided by him for that purpose, at the expense of the County, and de- llit or to keep 

nominated the " Forfeited Land Record," a list of all real estate forfeited real estate 

.. . forfeited to or 

to or purchased in bebalt of the State, according to the provisions of this purchased in 
,-„ .„ , , „ , . ., „, . ,. behalf of the 

Chapter, certify to the correctness thereof, and sign the same officially ; a state; copy 

copy of which list he shall certify and transmit to the Auditor of State, Au ditor. 

by the County Treasurer, at the time the Treasurer makes his annual I1x > 5 li5 - 

settlement with the Auditor of State, next after the forfeiture or purchase 

of such real estate, and the Auditor of State shall record the same in his 

office. 

Sec. 36. The County Auditor of any County in which any real estate (li ^" 1 ul ', t ,;" .f n u " 
shall hereafter be sold at delinquent land sale shall make deeds therefor, county, where 

1 a delinquent 

though the real estate mav have been, or shall hereafter be, set off into land sale i3 
fe 111 uacl > to make 

another County subsequent to such sale, and such deed shall have the deeds there- 
same effect as if such real estate had remained in the County in which it land subse- 
quently trans- 
was Sold. ferredto ano- 
ther County. 

lb., i 12(i 

Sec. 37. All real estate sold at delinquent land sale, under the provi- so "fj :1 .J t ff^nnt 
sions of this Chapter, shall, immediately upon the certificate of purchase gaiclJiacedbv 
being given therefor, be transferred by the County Auditor to the name Auditor in 

00 J J name of pur- 

of the purchaser. chaser, 



Ib, 127. 



sqi,, of rpil 

Sec. 38. The sale of any real estate at delinquent land sale shall not estate at ae- 

,,,,.,., n . , . , , ill- linquent land 

be held invalid on account of its having been charged on the duplicate sale not valid 

, t , n 1 • i n 1 though incor- 

in any other name than that of the rightful owner. rectiy entered 

on duplicate. 
Ib.. § 1281 

Sec. 39. If any certificate given at any sale of delinquent lands shall if certificate 

. „ , « ^ given at delin- 

be lost or destroyed, upon satisfactory proof thereof to the proper County queut land 
Auditor, he shall make to the party entitled thereto a deed for the real deed shall be 
estate so sold, precisely as if such certificate of purchase had not been if not lost, 
lost or destroyed. Ib -» ''<■ 129 - 

Sec. 40. The County Auditor shall enter on his records of delinquent county au- 

J 1 ditor to keep 

land sales a minute of all deeds by him made in pursuance of any sales minute of ail 

* . x J deeds made 

of real estate therein recorded, naming the party in whose name the same pursuant to 

stood charged on the duplicate at the time of the sale, the date of the minute of ail 

, , „, . 1 • i> 1 • .- «, 1 redemptions. 

sale, and name of the purchaser, a brief description of the real estate, TbTt^TTso. 
the quantity sold, the amount for which the same was sold, the date of 
the deed, and the name of the grantee therein; also, a minute of all re- 
demptions of any real estate so sold before any deed made therefor, with 
the date of redemption, and the name of the party redeeming. 



84 COLLECTION OF TAXES. 

Rightof ten- Sec. 41. The purchaser of any interest of any tenant in common, in 
mon purchas- any real estate, at any sale of delinquent lands, shall, on obtaining a deed 
to' bold with therefor from the County Auditor, hold the same with the other owners, 
tenants in as a tenant in common, and be entitled to a partition of the estate so 



common, 
lb., § 13l7 



held in common, as other tenants in common. 



lessee. 



County Trea- Sec. 42. In the case of all land?: purchased on behalf of thcaState, under 
lands bought the provisions of Section eighteen (18) of this Chapter, the County Treasu- 
rer shall, in the name of the State, enter upon aud take possession of the 
same, aud may lease the same in parcels not exceeding forty acres each, 
to any person or persons who are citizens of the State, and who may de- 
Attorney Sire to cultivate the same; said leases to be in such form as shall be pre- 
G prescribe t ° scribed by the Attorney General, and subject to all the rights of re- 
form of lease. d em pt;j on [ Q such case provided for by law. Said lands may be leased 
lease" 18 ° f ^ or a sum cei *tain, not less than ten per cent, of the cost thereof, or for 
isus,xiv,98,§ i. such share of the crops as shall be reasonable and just. 

Right of pre- Sec. 43. Any person who shall have rented lands under the provisions 
quired" 1 by of the foregoing Section, entered upon and fulfilled the conditions of the 
lease, shall, at the expiration of the time during which said lauds were 
redeemable by the original owner, be deemed to have acquired a right 
of preemption in the same. 

Forty acre Sec. 44. After the time allowed for the redemption of any lands pur- 

tothehighesc chased by the County Treasurer, on behalf of the State on account of 

bidder. taxes, shall have passed, the said Treasurer shall cause the same, or any 

portion thereof, to be sub-divided and sold, in parcels not exceeding 

forty acres each, at public sale, after giving sixty days' notice thereof, 

and issue a certificate therefor. Said lands shall be sold to the highest 

bidder, and on terms most advantageous to the revenue of the State : 

Terms on Provided, The partv or parties who may have gained a right of pre-emp- 
which lessee jo oii 

may pur- tion shall have the right to purchase the same at a sum not less than the 

lh 4g cost thereof to the State, one-fourth of the purchase money to be paid 

down, and the balance, with interest, in three annual installments. 

Patents to be Sec. 45. After the purchase money shall have been fully paid, together 
with the interest thereon, the Governor is authorized and required to 
cause a patent or patents to be issued to any such person as may be the 
bona fide purchaser, owner, assignee or transferee of such lands or tene- 
Provision in ments, under and by virtue of any certificates of sale, or uuder and by 
mentof certi- virtue of any assignment or transfer of such certificate: Provided, That 
in case of an assignment or transfer of a certificate of sale, the person 
applying for such patent shall give satisfactory proof to the County 
Treasurer of the preceding transfers and assignments. 



Ib, § 4. 



county Trea- Sec. 4G. The County Treasurer shall, on or before the first day of No- 
port, annual- vember in each year, report to the State Treasurer all lands leased under 
J.a. an< s eas ~ this Chapter, giving the names of the lessees aud the terms of each 1. ase, 
and the names of the original owners of such lands. Also, a report of 
all lands sold, aud of the certificates of sale issued, anil the terms of 



COLLECTION OF TAXES. 85 

each sale. All moneys accruing to the State, under the provisions of this , To account 
J G ' m l for moneys as 

Chapter, (Sections 42 to 46, inclusive,) shall be paid over and accounted for taxes. 

for in the same manner as money received for taxes. 

Sec. 47. It shall be the duty of each owner of lands, and of any new sen- struc- 
struetures thereon which shall not have been appraised for taxation, to be listed, 
list the same for taxation with the County Auditor of the County in SV£*^,!^'!2 71 ' 
which they may be situate, on or before the last day of August next 
after the same shall become subject to taxation. 

Sec. 48. When any real estate shall be sold under any writ, order or courts shall 
proceedings in an}' Court, the Court shall, on motion of any person inter- pa ia out' iX of 
ested in the real estate, or in the purchase or proceeds of the sale thereof, reaf 60 ' estate 
order all taxes, assessments aud penalties charged thereon to be paid out oi^same. 0rder 
of the proceeds of such sale, as a lien prior to all others. lb., § i3t 

Sec. 49. All taxes, assessments and penalties legally assessed shall be TaxPS asse ss- 
considered and held as a debt payable to the State by a party against laities liSa 
whom the same shall be charged; and such taxes, assessments and penal- adebtduethe 

°. ' ' State; to be 

ties shall be a first lien against the estate of all deceased persons; first Hen; 

° < l -when to be 

against the estate of bankrupts aud insolvents; against the assets and first paid; 

... , County Treas- 

estates of all persons making assignments for the benefit of creditors; mer may pro- 

ceed bv ac- 
against all property held in trust; against all personal property held on tion against 

chattel mortgage, or in pledge; against all personal property sold for the - r ,- ^ ^ — 
purpose of avoiding the payment of taxes; against all personal property 2 Ba5 '-' ***■ 
held by parties in fraud of creditors; against all stocks of goods, imple- 
ments, machinery and tools of merchants or manufacturers, as against 
purchasers of the whole of such stocks upon which the taxes have not 
been paid; and such taxes shall be first paid out of the assets of any 
estates of deceased persons, or held in trust as assignee or trustee, as 
aforesaid, or proceeds of any property held on execution or attachment ; 
and the County Treasurer may proceed, by action at law, against the 
parties holding property otherwise, as above mentioned; or, if he can 
obtain the possession of the property, he may distrain and sell the same 
precisely as if the same had not been sold, mortgaged or pledged, as 
above mentioned. 

In suits ag 

Sec. 50. If any action be prosecuted against the County Auditor or tor"or J Treas- 
Couuty Treasurer, for performing, or attempting to perform, any duty forming tiufy 
enjoined upon them by Chapters XII and XIII, the result of which action terf e xii ami 
will affect the interests of the County, if decided in favor of the plaintiff fiSntiff^su" 
in such action, such Auditor or Treasurer shall be allowed and paid out be^pabi^bv 
of the County Treasury reasonable counsel fees and other expenses, for (nYh^acUoiv 
defending such action, and the amount of any damages and costs ad- j£ t s e 'd te sufte" 
judged against him ; which fees, expenses, damages and costs, shall be ^™med° }£ 
apportioned rateably by the County Auditor among all the parties, ex- caiormunici- 
cept the State, interested in the revenue involved in said action ; and if ma(1e parties; 

1 . when. 

the State be interested in the revenue in said action, the County Auditor _ ib.,«5, § 137. 



86 COLLECTION OF TAXES. 

shall, immediately upon the commencement of said action, inform the Au- 
ditor of State of its commencement, and of the alleged cause thereof, and 
the Auditor of State shall submit the same to the Attorney General, who 
shall defend said action for and on behalf of the State; and if only some 
local levy made by town or other municipal authorities be involved in 
such suit, such town or other municipal authority shall employ and pay 
counsel, and all damages and costs recovered in such action ; and the 
County Auditor or Treasurer, or both, if both be sued, may, by cross pe- 
tition, answer, or motion in Court, cause the town trustees or other local 
or municipal authorities interested in the revenue involved in the action 
to be made parties thereto, (if not already parties,) and the Court in 
which such action may be pending shall cause trustees, or other local or 
municipal authorities, to be made parties to such action, and render 
judgment for any damages and costs which may be found in favor of the 
plaintiff against said town trustees or other municipal or local authori- 
ties, and not against said Auditor or Treasurer. 

county An. Sec. 51. Each Countv Auditor shall answer, in writing, all inquiries 

ditor to give " > o> i 

state Auditor propounded to him by the Auditor of State, touching the condition and 

answer in . 

writing, value of the real estate of his County, and changes made in the valua- 

toucuing con- . . ' . . 

tiition and tions thereol in the different towns, villages, cities, wards and other dis- 

vhIug of rcfl.1 

estate, Ac. tricts ; also, as to the valuations of the different classes of personal 
lb., j 138. property for taxation, as compared with their market value, and in rela- 
tion to any and all matters which the Auditor of State may deem of in- 
terest to the public, or of value to him in the discharge of his duties as 

Auditor of State. 

Pay of state Sec. 52. Each member of the State Board of Equalization, except the 
Equalization. State officers on said Board, shall receive three dollars per day for each 

ib., 66, § ho. ,] a y ] ie s hall be employed in performing the duties enjoined upon him, 
and ten cents per mile for traveling to, and the same for returning from, 
the seat of Government, to be computed by the most usually traveled 
route, and paid out of the State Treasury, on the warrant of the Auditor 
of State. 

Pay of city Sec. 53. Each member of the City Boards of Equalization shall re- 
Boards o I J 1 

Equaliz ation, ceive for his services, for each day actually employed in performing the 
duties enjoined upon him, three dollars per day, to be paid out of the 
County Treasury, on the warrant of the County Auditor. 

'punishment Sec. 54. Every County Auditor or County Treasurer who shall, in any 
ditor"" an"" case, refuse or knowingly neglect to perform any duty enjoined on him, 
ore" for neg" or who shall consent to, or connive at, any evasion or violation of any of 
upon° indict the provisions of Chapters XII and XIII,]\\hereby anything required to 
vicUon'^flned be done by any of said provisions shall be hindered or prevented, or 
edlnuwv"- whereby any property required to be listed for taxation shall be unlaw- 
itentiary. i\x\]y exempted, or the valuation thereof be entered on the return for 
"'■■ § " : - lf,7 >. ' , , , 

XIV, 628,81. taxation, or on the duplicate, at less than its true value, estimated ac- 
cording to the rules prescribed, or any tax, assessment or penalty, shall 
not be collected, shall be deemed guilty of an offence, and upon indict- 



COLLECTION OF TAXE-. 87 

nieut and conviction thereof, shall be fined in any sum not exceeding 
two thousand dollars, and imprisoned in the Penitentiary for a term not 
less than one nor more than three years. 

Sec. 5-5. Each County Auditor is hereby authorized to administer all count}- Audi- 
oaths necessary to be taken by any one in the assessment and return of e°Uoadmiuis- 

property for taxation, or necessary in the performance of any duty en- ter oaths • 

joined upon County Auditors by law. 

Sec 56. The Governor is authorized, by and with the advice and con- state Audi- 
sent of the Senate, to appoint the State Auditor, County Auditors, and Auditor "ana" 
County Treasurers, and to require such bonds from said officers as he surer k> 
may deem necessary: Provided, That the bond of the County Treasurer '"Governor; 7 
of Charleston County shall not be less than twenty thousand (20,000) sm-er™ Trea " 
dollars, and the bonds of the County Treasurers of each of the other R>a§ 14! 

51 \ , 19, 5 1. 

Counties shall not be less than ten thousand (10,000; dollars. 

Sec 57. The State Auditor is authorized to have the City of Charles- tol^nut 

ton surveyed and numbered, and to place the numbers in a conspicuous h ^h Se f' *°- i . n 

place iu front of the buildings or lots. And it shall be a penal offence offenc e to re- 
10 1 move. 

for the landlord, auent or tenant to remove the same. "wiTxiv e-n 

§ : >* i- 

Sec. 58. The Governor is authorized and empowered, whenever, to Gov. 
him, there appears good and sufficient cause, to remove the State Audi- Auditors 
tor or any County Auditor or County Treasurer, and report the fact, &c. 
together with his reasons therefor, to the General Assembly. I? ' xn ■ - 

Sec 59. Any officer so removed, who shall attempt to exercise the Default of 
functions of the office from which he has been removed, after official no- ed to turn 
tice of such removal ; or fail, when application is made to him by his &e. ; how pun- 
successor, to turn over all the books, papers and property of all kind ~ lb \ ,, ■ 

whatsoever pertaining to his office, shall be deemed guilty of a misde- 
meanor, and on conviction thereof shall, for each offence, be fined in a 
sum not less than five hundred dollars, or be imprisoned for not less than 
six months. 

Sec 60. If the Senate is not in session when a vacancy occurs in any in absence of 
of said offices, then the Governor shall fill such vacancy by appointment, nor'to nil va- 
and the officers thus appointed shall continue in office until the expira- tfmef 
tion of the next term of the General Assembly; and if they shall be ,. 1 ~' ,? - XIV - ". 
confirmed by the Senate, they shall continue in office until the expiration 
of the regular term, and their successors are appointed and qualified. 

Sec 61. The Treasurer of Charleston County is authorized to ap- Trea , urel . of 
point three Deputies, whose duty it shall be to assist in the collection ^unt'-'^'au 
of taxes in said County. Said Deputies shall each receive, as compensa- tnorized to 
tion for their services, the same commissions as are paid for the collec- Deputies 
tion of taxes to the County Treasurer: Provided, That the total amount bond- 



s; du- 

pay, 



paid to each Deputy, in any current year, shall not exceed the sum of § 1 i.'"' Xn ' 
five hundred dollars: And provided, further, That the duties of said 



88 COLLECTION OF TAXES. 

Deputies shall be confined to the collection of the simple taxes, and shall 
not include the collection of taxes with penalties attached. Said Depu- 
ties shall give such bond for the faithful performance of their duties as 
said County Treasurer shall require. 

Collection of 

be en joined* Sec. 62. The collection of taxes shall not be stayed or prevented by 

ibT»;7, ? 5; any injunction, writ or order, issued by any Court or Judge thereof. 

amended by 
Com'rs. 

in action for Sec. 63. In any action or proceeding against any County Treasurer in 
legal' er taxeV this State, for the purpose of recovering any property or money alleged 
p'ud recover- to have been erroneously or illegally assessed and collected as taxes, assess- 
J " ^"' — ments or penalties, unless the party bringing such action or proceeding 
shall make it appear that a notice in writing of the claim on which such 
suit may be brought was given to said Treasurer in pursuance of the 
eighth (8th) Section of this Chapter, and unless it shall be made to ap- 
pear that said Treasurer has proceeded contrary to the provisions of 
this Chapter, the amount recovered in such suit shall not exceed the 
value of the property or money aforesaid. 

Attorney Sec. 64. It shall be the duty of the Attorney General of the State to 
fend coumy defend any suit or proceeding against any County Treasurer, or other 
otVier U offlcer ; officer, who shall be sued for moneys collected, or property levied on or 
ment,' J h'ow sold on account of any tax, when the State Auditor shall have ordered 

p! " a ' ,, such Collector to proceed in the collection of any such tax, after notice 

as aforesaid, or suit brought ; and any judgment against such Treasurer 
or other officer, finally recovered, shall be paid in the manner provided 
in Section sixty-three (63) of this Chapter. 

hvH l ,un- a u!l Sec. 65. That all past due and unpaid taxes, State or County, laid or 
Bional P <Sov- ^ ev ' ec ' under or by authority of the late Provisional Government, or un- 
mid^'Miiita 1 c ' er 01 ^ v virtue of military orders, shall be paid and collected by the 
ry orders to County Treasurer, to whom the late Tax Collectors shall turn over all 

be collected •> 

m y „ couniy moneys, books, tax executions, papers and other property, now in their 
i8u9,xrv,3co,§i possession, in the same manner as is provided in this Chapter. 

Fees for coi- Sec. 66. Fees for the actual collection of taxes only shall be allowed, 
lection of tax- . . n , _, _ 

es paid, but and no costs or expenses shall be paid by the County or htate on any 

eosta executions issued, or hereafter to be issued, and returned nulla bona. 

xiv,3oo,-;2 

Gtenerai° m to ^ec. 67- The Attorney General shall, when requested so to do, give to 
giyeStateAu- the Auditor of State a written opinion upon any question submitted to 
when request- him by said Auditor, relative to the true construction of Chapters XII 
i.-',>, \i\ ,1 '. i and XIII, or any provisions thereof. 



MUNICIPAL TAXES — MILITIA. 



89 



CHAPTER XIV. 

Of the Assessment and Collection of Taxes by Municipal 

Bodies. 

Sec. I Sec. 

1. To lay taxes at a uniform and equal 2. Property exempt, 
rate. 



Section 1. That all municipal corporations created under or by the to lay taxes 
laws of this State, and vested with power to lay and collect taxes, are Uncf ""equal 
authorized and required to assess all property, real and personal, within 



Con., Art. IX, 

their corporate limits, at its actual value, and lay all taxes thereon at a « i, 8: Art. 

■ II XIL § 2 ! 1S70 > 

uniform and equal rate. xiv, in, § l. 



Sec. 2. That all property, and no other, exempted from taxation by Property ex- 
Section 6 of Chapter XII, shall be exempted from taxation by muni- — j^T 

cipal corporations. 



TITLE IV. 



CHAPTER XV. 



Of the Militia. 



Sec. 

1. Able-bodied male citizens, between 

eighteen and forty-five, subject to 
military duty, except, &c. 

2. Enrollment to be made once in two 

years. What enrollment to contain; 
first and second class. Compensa- 
tion of enrolling officers, 

3. All persons enrolled neglecting to at- 

tend musters, subject to fine of $1 
per day. How collected. 

4. County Treasurers to pay fines to 

State Treasurer on or before 25th 
April. Names of delinquents to be 
given to County Commissioners and 
to County Auditor; to pay or work 
on road . 

5. Bond of County Treasurer to extend 

to moneys collected for military pur- 
poses. 

12 



Sec 

6. All tavern keepers, boarding house 

keepers, &c, to give information, 
when required, of persons liable to 
be enrolled. 

7. Penalty for refusing to give informa- 

tion or giving false information. 
How recovered. 

8. County Commissioners to publish no- 

tice that enrollment has been com- 
pleted. Notice to exempts to tile 
written statement, and when. 
0. Persons claiming exemption from 
military service to file slatement 
with Clerk of the Circuit Court. 
10. Enrolling officer to enter word "Ex- 
empt" opposite names of persons 
exempt from military duty. False 
swearing to be perjury. 
'11. Reserve of first and second class. 



90 



MILITIA. 



Sec. 

12. Penalty of not less than $50, nor more 

than $100 for neglect of officers un- 
der this Chapter. Complaint to be 
made by County Commissioners or 
commanding officer of regiment to 
Solicitor of Circuit. 

13. The Adjutant General to organize the 

militia into divisions, brigades, regi- 
ments, squadrons, troops, batteries 
and companies. 

14. Organized militia to be known as the 

National Guard. To be no military 
organizations not authorized by the 
Commander-in-Chief. Penalty. 



Sec. 
15. Assistant Adjutant General, if neces- 

sary, to be appointed. 
10. In case of invasion, insurrection or 

rebellion, Quartermaster General, 

Commissary General and Surgeou 

General to be appointed. 
17. Storage of arms, &c. 

18. Officers of militia to be appointed by 

Governor. Paid only when in actual 
service. 

19. Commissioned officers of militia; how 

removed or suspended. 

20. Militia mustered and drilled, when. 



Able-bodied Section 1. That all able-bodied male citizens, between the ages of 
between >Z i8 n & eighteen and forty-five years, residing in this State, and not exempted 
mu?tar J ydutyJ by the laws of the United States, shall be subject to military duty, ex- 

exeept, Ac. .- 

Con.,Art.l8.6lj Ce P tlD S 
1«59, XIV, 215, 

§ i. 1st. All persons in the army or navy or volunteer forces of the United 

2 Mcc, 47. States. 

2d. Regularly ordained or licensed ministers and preachers of the 
Gospel. 

3d. The Lieutenant Governor, members and officers of the General 
Assembly, the Secretary of State, Attorney General, Comptroller Gene- 
ral, State Auditor, Commissioner of Bureau of Agricultural Statistics, 
Superintendent of Education, State Treasurer, and clerks and employees 
in their offices, judicial officers of the State, including Justices of the 
Peace, Trial Justices, Sheriffs, Coroners, Constables, civil officers of the 
United States, ferrymen employed at any ferry on a post road, and 
millers. 

4th. All persons entertaining conscientious scruples against bearing 
arms, practicing physicians, professors, teachers and students in colleges, 
academies and common schools. 

5th. Persons regularly and honorably discharged from the army and 
navy of the United States, in consequence of the performance of military 
or naval duty, in pursuance of any law of this State, and all persons who 
now are, or may hereafter be, active members of regularly incorporated 
fire companies in this State. 

6th. Commissioned officers who shall have served as such in the loyal 
militia of this State, or in any one of the United States, for the space of 
seven years ; but no such officer shall be exempt, unless, by his resigna- 
tion after such term of service, duly accepted, or in some other lawful 
manner, he shall have been honorably discharged. 

7th. Idiots, lunatics, paupers, and persons convicted of infamous crimes, 
shall not be subject to military duty. 



Enrollment Sec. 2. That, under the directions of the Commander-in-Chief, all 

once e in n> two persons liable to military duty within this State who are not already 

''''"'.. members of the National Guard, as hereinafter provided, shall, from 

§ '-• time to time, as the Commander-in-Chief shall deem necessary, but as 

often as once in every two years, be enrolled. Such enrollment shall 



MILITIA. 91 

distinctly specify the names arid resi.lences of the persons enrolled, an 1 m Ynt at to D coii- 
shall also divide the same into two classes — the persons between the ages ?>^? 1 , as ' st ' and 
of eighteen and thirty years to constitute the first clas>. and the persons 
between the'ages of thirty and forty-five years to constitute the second 
class. Three copies of such enrollment shall be made by the officer 
making the same, one of which, after being corrected, shall be retained 
by him, another shall be filed in the office of the Clerk of the Circuit 
Court in the County, and the third shall be filed in the Adjutant Gen- 
eral's office. The persons making said enrollment shall be compensated tiono™enroifc 
at the rate of one dollar ami fifty ceuts per day for every day necessarily lng 
spent iu making and copying the same: the number of days not to ex- 
ceed ten ; and the amount of such compensation shall be paid by the 
Treasurer of the State, upon production of the certificates of the Clerk 
of the Circuit C)uit in the County, and of the Adjutant General, that 
such rolls have been duly filed, on or before the first day of February 
in each year in which such enrollment shall be made: Provided, That 
the Commander-in-Chief may, if he deem it necessary, extend the term 
of completing the first enrollment under this Chapter, not to exceed 
twenty davs, and authorize pavment for the same, as hereinbefore speci- 
fied. " 

Sec. 3. That all persons duly enrolled who shall neglect to attend the An persons 
musters and drills provided for, except in cases of sickness, shall be sub- fecting'Vo'at- 
ject to a fine of one dollar for each day so neglecting, which, if not paid subfect'to'Ine 
to the County Treasurer on or before the fifteenth day of March next en- ° f *^ ^ou' ct- 
suiug, shall be collected by the collector or receiver of taxes of the city or 5fL 
County in which the person so neglecting is enrolled, and the Board of 
County Commissioners, at their annual meetings, are authorized and 
directed to annex a list of the several delinquents, with the fines set oppo- 
site their respective names, to the assessment rolls of the County ; and 
the warrants for the collection of the same shall direct the County Treas- 
urer to collect the amount from every person appearing, by the said as- 
sessment roll, liable to pay the same, in the same manner as other taxes 
are collected. And when the name of any person, between the ages of 
eighteen and twenty-one years, shall appear on the said roll liable to pay Minors, 
the said fine, the said warrant shall direct the collector to collect the 
same of the father, guardian or employer with whom such person shall 
reside or be employed, or out of any property such minor* may own or 
possess in said County: and such collector shall proceed and execute 
such warrant, and no property now exempt from other executions shall 
be exempt from the payment of such fine. 

Sec. 4. The County Treasurer of each County shall, on or before the 
twenty-fifth day of April in each year, pay the Treasurer of the Stat 
the actual sum received from delinquents who have failed to attend such fines to st 
musters and drills; and it shall be the duty of the officers commanding ,,r before the 
the several regiments to furnish the County Commissioners the names of xames o?\ '- 
those who have failed to attend such musters and drills. The County be Q gfven to 



lb., 217, 5 3. 



92 MILITIA. 

tor^To v.'vor Commissioners shall give the names of the persons so failing to the 
w ork on road. County Auditor, and, unless they are excused, shall place an extra as- 
sessment of one dollar per day on their general tax, if a property holder ; 
and in case said delinquents, or any of them, are not property holders, 
then he or they shall be compelled to work the public roads at a rate 
not exceeding one dollar per day. 

Bond of Conn- 
to extend to Sec. 5. The bond required to be executed by the County Treasurer 
lected for shall also applv and extend to any moneys required to be collected for 

military pur- ... 

poses. ' _ military purposes. 

Ib.,§5. 

All tavern g EC g That all tavern keepers, persons keeping boarders in their fam- 

boarding Hies, keepers of boarding houses, and any master or mistress of any 

ers, &e., lo dwelling house, shall, upon the application of any officer authorized to 
give informa- ° ... * 

tion, when re- make such enrollment, give information of the names of all persons re- 
quired, of per- , ... 
sons liable to siding or lodging in such house liable to be enrolled, and all other proper 

beenroUed. ° ° ° . , ~ 

n,. 56. information concerning such persons as such officers may require. 



Penalty for Sec. 7. That if any person of whom information is required by any 
give^informa- such officer, in order to enable him to comply with the provisions of law, 
ins 'false S in- shall refuse to give such information, or shall give false information, he 
How recov- shall forfeit and pay twenty dollars for each item of information de- 

ered. 



lb., 5 7. 



manded of him by any such officer and falsely stated, and a like sum for 
each individual name concealed or falsely stated; and every person who 
shall refuse to give his own name and proper information, when applied 
to by any such officer, or shall give a false name or information, shall 
forfeit and pay a like sum, such penalties to be recovered in any Court of 
competent jurisdiction, in the name of the State of South Carolina; and 
it is hereby made the duty of such officer to report the names of all per- 
sons who may incur any penalty, under this Section, to any Trial Justice 
in the County for prosecution. 



County com- Sec. 8. That whenever an enrollment shall be made the Board of 
publish 'no- County Commissioners shall cause to be published, once a week for four 
roiiment has weeks previous to the first day of February, in a newspaper with circu- 
pieted. °Xo- lation in the County, or by written or printed placards, in not less than 
empts t 'to fife f° ur public places, a notice that such rolls have been completed and filed 
mentfwhaif" as aforesaid; which notice shall also specify that any person who claims 
ib , sis, § s.~ that he is, for any reason, exempt from military duty, shall, on or before 
the loth day of February next ensuing, file a written statement of such 
exemption, certified by affidavit, in the office of the Clerk of the Circuit 
Court; and the publication of such notice shall be sufficient notice of 
such enrollments to all persons named therein. Such roll shall be madi 
in the form prescribed by the Commander-iu-Chief, and the Adjutant 
General shall furnish all the enrolling officers suitable blanks and in- 
structions for the completion of such enrollment. 



MILITIA. 93 

Sec. 9. That all persons claiming; exemption shall file a written state- , . p ' 

r ox claiming ex- 

ment of the same, verified bv affidavit, in the office of the Clerk of the emption from 

- militarv ser- 

Circuit Court of the County in which he resides, on or before the fifteenth vi «e to flie 

statement 
day of February, in default of which such person shall lose the benefit wit b Clerk of 

of such exemption, except such as are especially exempted by this Chap- i . - { 9 . 

ter or by Act of Congress. 

Sec. 10. That the person making such enrollment shall, thereupon, if- Enrolling 
such person be exempt according to law, mark the word "Exempt" op- ter word "ex- 
posite the name of each person presenting such exemption ; if such ex- site namesof 
eruption be permanent, the name of such person shall not be included in empt." 8 False 
any subsequent enrollment. If any person shall swear falsely in such jury. r 
affidavit, he shall, upon proof thereof, be adjudged guilty of perjury in n>., §io. 
any Court of competent jurisdiction. 

Sec. 11. That the persons thus enrolled shall form the reserve militia „ Reserve of 

1 first and sec- 

of the State of South Carolina ; those over eighteen and not over thirty on d class. 
years of age shall constitute the reserve of the first class; and those over •»» ■ 
thirty and under forty-five years of age shall constitute the reserve of 
the second class. 

Sec. 12. That if any officer charged with any duty under the provi- Penalty of 

J b J - not less than 

sious of this Chapter shall refuse or neglect to perform any of the duties J 50 nor more 

tll8.ll il(Mi foi* 

required of him bv this Chapter, he shall forfeit and pay the sum of not neglect of 

n'i i officer under 

less than fifty nor more than one hundred dollars for each and every tins chapter, 
offence, to be recovered in the name of the State of South Carolina; and be made by 
such officer shall, as an additional penalty, be deemed guilty of a misde- missioners or 
meauor; and it shall be the duty of the Solicitor of the Circuit within officer of rem- 
which said offender resides, upon the complaint of the commanding officer citbr of "cir- 
of the regiment, or on the part of the Board of County Commissioners, 
to prosecute the same. Any penalty incurred and paid, or collected, 
under this Section, shall be paid into the Treasury of the County for the 
use of the military fund of the Couuty. 

Sec. 13. That the Adjutant General, under the dirction of the Com- The A r ij Utan t 
mander-in-Chief, shall organize and apportion the militia, and the dis- j^^fioiutia 
triers therefor, into divisions, brigades, regiments, squadrons, troops, bat- ^"J° s ^jjj 
teries and companies, and cause the same to be numbered and lettered ades, &c. 
as nearly in conformity with the laws and regulations governing the army '' ' 
of the United States as circumstances will permit, and may after divide, 
annex or consolidate the same, and the districts thereof, as he may judge 
expedient. 

Sec. 14. That the organized militia of this State shall be known as the Organized 

° * militia to be 

National Guard of the State of South Carolina, and shall consist of such known as the 

National 
divisions, brigades, regiments and battalions, and, in addition thereto, such Guard. 

batteries of light artillery, and troops and squadrons of cavalry, as the ^rt. \l*\ 5°" "' 

Commander-in-Chief may deem expedient; and nothing herein contained 



cuit. 



lb., 



S J - 



94 JIILITIA. 

^J? e ^,™2!' shall be so construed as to interfere with the power of the Commander-in- 

zntions not Chief, in ease of war or insurrection, or of imminent danger thereof, to 
authorized by v> ' 

the comman- order drafts of the militia, and to form new regiments, battalions, brigades 

der-in-Chiel. b > > 6 

Penalty. r divisions, as he may deem just and proper : Provided, That there shall 

be no military organizations, or formations for the purpose of arming, 
drilling, exercising the manual of arms, or military manoeuvres, not au- 
thorized under this Chapter, and by the Commander-in-Chief, and any 
neglect or violations of the provisions of this Section shall, upon convic- 
tion, be punished with imprisonment at hard labor in the State Peniten- 
tiary for a term not less than one year, nor more than three years, at the 
discretion of a competent Court. 

Assistant Ad- Sec. 15. That an Assistant Adjutant General may be appointed, if 
rai, if necessa- deemed necessary, by the Governor, by and with the advice and consent 
pointed. 6 ap ' of the Senate. His salary shall be at the rate of fifteen hundred dollars 
lb., 219, § i5; p er year, while on duty. The duties of Quartermaster General shall de- 
§ 3 - volve upon the Adjutant General in times of peace. 

in case of in- Sec. 16. That, in case of invasion, insurrection or rebellion, or inirni- 
vasion, &c, t ' 

Quartermas- nent danger thereof, the Governor shall appoint, by and with the advice 
ter General, ° ' n i rt 

&c. to be ap- and consent of the Senate, a Quartermaster General, Commissary Gene- 
point ed, i 

— rb~jl« ra ' ani ' a Surgeon General. 



storage of Sec. 17. That the arms, equipments and munitions of the State shall 

Ib \ t i be stored under the directions of the Commander-in-Chief, and in such 

places as he may designate. 

muitfattfoe Sec. 18. That all officers of the militia (excejit as herein provided) 
Governor 1 by sna ^ De a PP°' ntei; l an d commissioned by the Governor. They shall draw 
ib., § is. pay only when engaged in actual service. 

sioned 0m ™ni- Sec. 19. That all commissioned officers of the militia may be removed 
tfa' S how 1 "!"- fr° m office on recommendation by the commanding officer of their re- 
rSended? 1 ' ' ' s P^ctive brigades and divisions. Removal may also be made by deci- 
n,., § i'S. sion of a court martial, or retiring or examining board, pursuant to law ; 
and for misconduct any officer may be suspended by the Commander-in- 
Chief. 



Muster and 

drill. 

lb., i 20. 



Sec. 20. That the militia of this State shall be mustered and drilled 
at such times as the Commander-in-Chief or commanding officers of divi- 
sions, brigades and regiments may direct. 



OF CERTAIN STATE OFFICERS. 



95 



TITLE V. 



OF CERTAIN STATE OFFICERS AND MATTERS OF FINANCE. 



Chapter XVI. Of Certain State Officers. 

XVII. Of the Comptroller General, Treasurer, State Auditor, 
Land Commissioner, Commissioner of the Sinking 
Fund, and Matters of Finance. 



CHAPTER XVI. 



Of Certain State Officers. 



Sec. 



Executive Department. 



1. What officers compose the Executive 

Department of the State Govern- 
ment. 

Governor. 

2. Governor furnished with suitable of- 

fice, called Executive Chamber. To 
keep a record of all official acts. 
Salary |3,500 per annum. 

3. To appoint physician to attend 

Charleston jail. 

4. To examine, "annually, certain bonds. 

Officers to provide satisfactory sure- 
ties. In case of default office va- 
cant. 

5. To fill vacancies in Board of Commis- 

sioners of Downer Fund. 

6. To appoint Catawba Indian Agent. 

7. May remove officers appointed by 

him. To report reasons to General 
Assembly. 

8. Private Secretarv of Governor to 

keep record of official acts. 

9. Office of Governor to be exercised by 

President pro tern, of the Senate — 
when. 

10. By Speaker of House of Representa- 

tives — when. 

11. General Assembly shall elect a Gov- 

ernor — when. 

12. Such Governor shall immediately en- 

ter upon duties of office. 

Lieutenant Governor. 

13. Per diem, salary and mileage of Lieu- 

tenant Governor. 

Secretary of State. 

14. Salary of Secretary of State. Fees of 

his office to be paid into State Treas- 
ury. 

15. To give bond — amount. 

US. Duties of Secretary of State. 

17. Office hours. 

18. Secretary to pay damages on account 

of any false certificate given by 
him. 
10. Records, &c, of office of Superinten- 
dent of Public Works to be transfer- 
red to office of Secretary. Certified 
copies of deeds, &c, to be given by- 
Secretary. 



Sec 

20. Secretary to perform duties of Sur- 

veyor General. 

21. Shall appoint deputy surveyors. 

22. To make abstract of returns of the 

poor to General Assembly. 

Attorney General and Solicitors. 

23. Salary of Attorney General. 
24- To give bond — amount. 

25 Duties 

20. Attorney General to file informa- 
tions. 

27. To consult with and advise Solici- 

tors. 

28. To enforce due application of funds 

Prosecute corporations which fail t' ■ 
make returns. 

29. Attend General Assembly when re- 

quired by either branch. 

30. Give advice to State officers. 

31. To make report to General Assem- 

bly. 

32. Contingent expenses of civil actions 

to be paid and accounted for. 

33. No prosecuting officer to receive 

fees. 

34. Attorney General to account with 

Treasurer for all fees, &c. 
35 Attorney General and Solicitors to de- 
fend the right of the State. 

36. To sue for penalties incurred by any 

public officer. 

37. To examine County offices annually. 

38. Solicitors to attend Circuit Courts. 

39. Solicitors' duties in general. Mayde- 

fend persons on trial when not re- 
quired to prosecute. 

40. To furnish Comptroller General state- 

ment of debts due the State. Penal- 
ty for neglect. 

41. To prosecute offenses against civil 

rights of citizens. Penalty for fail- 
ure. Attorney General to prosecute 
Solicitors. 

42. Solicitors to furnish Comptroller Gen- 

eral duplicates of their returns. 

43. Solicitors to give bond— amount. 

Slate Constable. 

44. Appointment and confirmation of 

state Constable. May appoint as- 
sistants. 

45. Powers and duties of Chief and Depu- 

ties. 



90 



OF CERTAIN STATE OFFICERS. 



Sec 

46. Compensation— accounts, how paid. 

47. Rules. Force to be always prepared 

to enforce the laws. 
4S. Arming of force. Suppression of riots, 
&c. Governor may assume control. 

Notaries Public. 

49. Notaries Public to be appointed by 

the Governor. Jurisdiction. Term 
of office. 

50. To take oath. 

51. Seal of office. 

52. Powers of Notaries Public. 



Sec 

53. Not to act in criminal cases. 

54. Fees of Notaries Public. 

O'linnissioners of Deeds. 

55. Governor may appoint Commission- 

ers of Deeds. Tenure of office. 

56. To make oath to faithful performance 

of duties. Notice of appointment to 
be given. 

57. Powers of. 

58. To administer oaths. 

59. Have power to take renunciations of 

dower. 



Executive Department of the State. 

Section 1. The Executive Department of this State is hereby de- 
clared to consist of the following officers, that is to say: The Governor 
i.V'the n st e iVe anc ^ Lieutenant Governor, the Secretary of State, the Treasurer of the 
Govern ment. State of South Carolina, the Attorney General and Solicitors, Comptrol- 
1 1. ' ' o0 ' ler General, State Auditor and State Superintendent of Education. 



What officers 

compose the 

Executive 



Governor. 



Sec. 2. The Governor shall be furnished with a suitable office, to be 



Governor fur- 
nished with 

suitable office called the Executive Chamber, in which all petitions, memorials, letters, 

called Execu- , „ . _ . . ' . *, , ' . , ' 

tive chamber, and ail other official papers and documents addressed to or received by 

_ him, shall be methodically arranged and kept, with proper indexes there- 

'!ri- or 'f ° f -t" ^ or " ^ e s ' ia ll keep a record in proper books of all his messages to the 

salary $3,go6 General Assembly, of all applications for pardon made to him, of all 

per annum. j rt r 

such pardons as may have been granted by him, and of all communica- 



Ib, § 2; Con., 
Alt. 3, §§ 1, •-', 
:;, 4. lo, ii, 12, 

13, 14. 15, 16, 17, 
18, 19, 20, 21 
and 22. 

1 McC, 178: 
1 Bailey, 2fc3. 



tions to the General Assembly relating thereto ; of all bills presented to 
him in obedience to the provision of the Constitution, and of all objec- 
tions he may make to any of them ; of all official communications, pro- 
clamations and orders issuing from his office; and of all other matters 
which the Governor may think it important to preserve. The Gov- 
ernor shall receive an annual salary of three thousand five hundred dol- 
lars. 



To a i int ® EC- ^" That tne Governor, for the time being, shall have power, in 

a physician to each and every year, to appoint some fit and proper person to attend as 

Charleston, . a physician and surgeon on the prisoners confined in the gaol in Cbarles- 

1820 VI 143 3 1. ton County; his attendance to commence on the tenth day of January, 

and to continue for one year and until another appointment shall be 

made as aforesaid. 



To examine 
annually cer- 
tain bonds. 



Sec 4. That the bonds for the faithful performance of their respective 
duties, to be hereafter entered into by the following public officers, 
namely: the Comptroller General, the Secretary of State, and the Trea- 
surer, shall be first approved of, and afterwards annually examined, by 
the Governor, at such time as he may appoint; that if any of the sure- 
tics in either of the aforesaid officers' bonds, should die or depart per- 
manently from the State, or if the said Governor should, at the time of 
his examination, or at any other time, be of opinion that either of the 
said aureties is not worth as much, clear of debt, as his proportion of 



OF CERTAIN STATE OFFICERS. 97 

the obligation to which his name is affixed, he, the said Governor, shall 
cause the said public officer whose surety has departed this life or re- 
moved from the State, or is objected to for insufficiency of estate, to be 

notified of such exception; and the said officer shall, within thirty days Officers to 
r J provide satis- 

after the service of such notification, procure other satisfactory surety to factory sure- 

the said Governor, for such as have departed the State or died, (but shall 
not cancel or at all impair the original bond), or produce satisfactory evi- 
dence to the said Governor that the surety objected to as owning insuf- 
ficient property is worth as much as his proportion of the said obligation, In case of 
clear of debt, or else the said public officer shall procure such additional and ^ le l p"^' t t,office 
sufficient surety or sureties as the said Governor shall approve of. And i82o,vi,U7,§2; 
in default of compliance with either of the said requisitions within the |2. 'seeciiap- 
said thirty days, the office of the said defaulting officer shall be regarded 
as vacant. 

Sec. 5. That the Governor be authorized and required, from time to To flu mean- 
time, upon the death, resignation, removal from the County of Edge- of ~ commis- 
field, or refusal to serve, of any person appointed a Commissioner for the Downer fund, 
administration of the Downer Fund, to fill the vacancy so occurring, by 18*1 .XI^cts, 61. 
the appointment of another Commissioner, who shall be a resident of the 595, i\. 

1 * ' Amended by 

County of Aiken, so that there may, at all times, be a Board of three Com'rs. 
Commissioners for the administration of the said Fund in conformity to 
the last will and testament of Alexander Downer, deceased. 

Sec. 6. That the Governor of the State, for the time being, is author- To appoint 
ized to appoint one or more Commissioners, to carry into effect the pro- dian Agent, 
visions made by law for the Catawba Indians, whose compensation, for ism,xi,ut, 5. 
the time he may be employed, shall be three dollars a day. 

Sec. 7. That the Governor be authorized and empowered, whenever to M .ay remove 

omcers ap- 
him there appears good and sufficient cause, to remove any County Au- pointed by 

ditor or County Treasurer, or any other civil officer bv him appointed, port reasons 

, „ , . , , . , . ' , r, , *0 General As- 

and report the fact, together with his reasons therefor, to the General sembi y. 



Assembly. wo.xiv.329, 

Sec 8. The Governor shall be allowed a Private Secretary, to be ap- Private sec- 
poiuted by hiin, who shall receive an annual salary of two thousand dol- emor'to keep 
lars, and whose duty it shall be, under the direction of the Governor, to ciaiacts. 
keep an accurate record, under proper dates, of all transactions, opinions, j^SS^vfy' 
and other official matters and acts occurring during his period of office, ^';. lai9 ' XIV ' 
which said record shall, under certain restrictions, be open to the inspec- 
tion of the members of the General Assembly. He shall also perform 
such clerical and other duties as may be required of him by the Gov- 
ernor, in connection with the duties of the office of Governor. 

Sec. 9. In case of the removal, death, resignation or inability office of Gov- 
of both the Governor and Lieutenant Governor, the President of tl 2 exercised by 
Senate pro tempore shall exercise the office of Governor, until such disa- t em of Senate- 
bility shall have been removed, or until the next general election, ^y^Vrrr^ 

* 1 coo- -A t- * ^ AUi ^ 

when a Governor shall be elected by the electors duly qualified, as is § '• 
prescribed bv Section 2 of Article III of the Constitution. 
13 



98 OF CERTAIN STATE OFFICERS. 

By Speaker g EC \q j n case f t] ie disability, from whatever cause, of the Gov- 
of House ot J ' 

Representor ernor, Lieuteoaut Governor and the President of the Senate pro tempore, 
tives — when. ' l J 

lb., lie, § 2. the Speaker of the House of Representatives shall exercise the office of 
Governor, in like manner, and upon the like conditions, as are prescribed 
by Section 9 of this Chapter. 

Gen'iAssem- Sec. 11. In case "of the disability, from whatever cause, of all the 
^gto'i'iioi^ officers enumerated in the two preceding Sections, the General Assem- 

^""E: bly, if the same shall be in session, by a joint vote, shall elect a person 

duly qualified to fill the office of Governor, in like manner, and upon 
the like conditions, as are prescribed by Section 9 of this Chapter. 

Pucn Govr Sec. 12. Whenever a Governor shall be elected at such election, as 

shall immedl- . . , n . i- . i 

ately enter provided tor in the preceding section, he shall immediately enter upon 

of office. '_ the discharge of the duties of his office, and shall continue to so dis- 

ib., 5 4. charge such duties of office duriug the residue of the term. 

Lieutenant Governor. 

... _, Six. 13. The Lieutenant Governor, while presiding over the Senate, 
ary and mile- shall receive a per diem of ten dollars and the mileage of a member of 

age of Lieut. L ° 

Governor. the General Assembly. He shall also receive an annual salary of twen- 

!- '■■''. xrv.135, ty-five hundred dollars, the same to be paid to him quarterly out of the 
53V; con!, Art! Treasury of the State, and to be exclusive of his pay whilst acting as 
| ii, 2 20.' 7 ' 8 ' President of the Senate. 

Secretary of State. 

Salary. Fees Sec. 14. The Secretary of State shall receive an annual salary of three 
state Treas'y. thousand dollars, and the fees or perquisites of the office shall be 
1-7"; xlv; '-'; paid into the Treasury of the State. 

is 1; Con., Art. 
3, y, 19, 23. 

To -vebond- ^ec. 15 - The Secretary of State, before entering upon the duties of his 

iij.M.iiiit. ffi ce! shall execute a bond, with two or more good securities, in the 

vl^T'.;^" ' penal sum of ten thousand dollars, for the faithful discharge of the duties 
of his office. 

Duties of Sec 16. The Secretary of State shall, during the absence of the Gov- 
Secretary of ernor f rom Columbia, be placed in charge of the records and papers in 
lies, xiii; m, the Executive Chamber. He shall keep in Columbia all the books, re- 
\ l; !.': on " Art " cords and papers belonging thereto. He shall hold his office in the State 

rise, IV,751, §4. House in Columbia . 

Offl. ce hours. Sec 17. He shall keep his office open from nine o'clock in the morn- 
mi, \, 161, ;4: ; n g uut ;i t hree o'clock in the afternoon, every day in the year, Sunday-, 
Christmas Day, and the Anniversary of the Independence of America 
excepted. 



OF CERTAIN STATE OFFICEBS. 99 

Sec. 18. If any Secretary of State, or his Deputy, shall certify, under p^ 01 ^^" 

his hand, that no sale, conveyance, or mortgage of any particular goods on :«-: r -"unt of 

J A & any false cer- 

or chattels, by any particular person, is registered in his office, when, tirieate given 

at the same time, there is such record, such Secretary, or his Deputy. ■",' -. 1 i. us, -, 5. 
shall forfeit and pay to such person who made inquiry, and who is dam- 
aged by reason of such false certificate by him made, as aforesaid, all 
his damages and costs of suit which he shall sustain by reason of any sec- 
ond mortgage. 

Sec. 19. That the records, books and papers belonging to the office of the Record, of 
"■uperintendent of Public Works be transferred to the office of Secre- Pui> ie Works' 
tary of State, as part of the records of said office, and that the Secretary secretary's 
state be authorized and required, upon the application of any person j^Pxi i -on 
interested therein, to give certified copies of any deed, grant or other 88 1 < - 
paper belonging to the said office, which said copies may be used in evi- certified cop- 
dence in any Court in this State, in like manner as office copies of other &£ to be^'iv- 
records are now used, and that he be authorized to charge therefor the enlj i' hIin 
same fees as are now allowed by law for the like service. 



Sec. 20. That the office of the Surveyor General is abolished, and the a^ofs™ 
duties heretofore devolved upon that office shall be performed by the yeyor ljen ' 1 - 

~ -> 1S»>S. XIV, 135, 

Secretary of fetate. 5 1. See chap- 

J ter VI. 

Sec. 21. That the Secretary of State shall have full power and author- shall appoint 
ity to appoint such and so many Surveyors in each County for executing veyors 5 ! 



the warrants of survey issued by him, as he may judge sufficient, not 17S4 ' IV > 5fli,j7. 
exceeding six for each County, for whose conduct in office the Secretary 
of State shall be responsible to the party aggrieved. 

Sec. 22. The Secretary of State shall, on or before the fourth Tuesdav To make ai> 

in November of each year, make out an abstract of the return made to turns of the 
,.,,_ r.,^> /. i- i r> -io poor to Gen'l 

him by the Overseers of the roor of each city and County in the state, Assembly. 

together with such explanatory remarks as he deems proper, and, through Yu' Xn ' 3 ' "' 

the Governor of the State, transmit the same to the Legislature. 

Attorney General and Solicitor?. 
Sec. 23. That the Attorney General shall receive a salary of three salary. 



thousand dollars a year, and a sum not exceeding one thousand dollars J868, xiv, ss, i 

. „ 1 ; Con., Art. 1, 

annually for such clerical assistance as the business of his office may re- 
quire. 

Sec. 24. That the Attorney General, before entering upon the du- To give bond: 
ties of his office, shall execute a bond, with two good securities, in the mg. y ^- . t 
penal sum of ten thousand dollars, to the State of South Carolina, for 
the faithful discharge of the duties of his office. 



100 OF CERTAIN STATE OFFICERS. 

Dntie3 - Sec. 25. He shall appear for the State in the Supreme Court in the 

lSUS XIV SS "' 

trial and argument in said Court of all causes, criminal and civil, in 
which the State is a party or interested, and in such causes in any Court 
or tribunal, when required by the Governor or either branch of the Gen- 
eral Assembly. 

Attorney Sec. 26. He may, when, in his judgment, the interest of the State re- 
nfformatkms 6 quires it, file and prosecute informations or other process against persons 
lb., $ 3. who intrude upon the lands, rights, or property of the State, or commit 

or erect any nuisance thereon. 

Sec. 27. He shall consult with and advise the Solicitors in matters re- 

with anr" S aa- l atm g to the. duties of their offices; and when, in his judgment, the in- 

or| e Sohclt " terest of the State requires it, shall assist them by attending the Grand 

lb., § i. Jury in the examination of any case in which the party accused is 

charged with a capital offence; and when, in his judgment, the interest 

of the State requires it, he shall be present at the trial of any cause in 

which the State is a party or interested, and, when so present, shall have 

the direction and management of such prosecutions and suits. 

I'l'iSfonof ^ EC- ^* ^ e shall enforce the due application of funds given or ap- 
I'umis. Prose- propriated to public charities within the State, prevent breaches of trust 

cute corpora- ; . . r 

tions. in the administration thereof, and, when necessary, shall prosecute cor- 
porations which fail to make to the General Assembly the return re- 
quired by law. 

Attend Gen- Sec. 29. He shall, when required by either branch of the General As- 
biy 1 wiierf "re- senibly, attend during their sessions, and give his aid and advice in the 
ther'inancif. 1 * arrangement and preparation of legislative documents and business, and 

it>., § 6. shall give his opinion upon questions of law submitted to him by either 
branch thereof, or by the Governor. 

Give advice Sec. 30. He shall, when required by the Secretary of State, Treasurer, 
cers. a " Adjutant and Inspector General, the Comptroller General, or other State 

lb., §7. officer, consult and advise with them, respectively, on questions of law 

relating to their official business. 

Report to Sec. 31. He shall, annually, make a report to the General Assembly 
aembly. of the cases argued, tried or conducted by him in the Supreme Court 

ib., 89, § s. and Circuit Courts during the jireceding year, with such other informa- 
tion in relation to the criminal laws, and such observation and state- 
ments, as, in his opinion, the criminal jurisdiction and the proper and 
economical administration of the criminal law warrant and require. 

Contingent Beq. 32. On his representation, the Governor may draw his warrant 
I'n-i'i" actions on tne Treasury to an amount not exceeding three hundred dollars in 
aceountclifor oue 7 eax > f° r the contingent expenses of civil actions in which the State 
lb., § y. is a party or has an interest, for which sum he shall, annually, in Octo- 

ber, account to the Governor; and he shall state the amount so expended 
in his annual report to the General Assembly. 



OF CERTAIN STATE OFFICERS. 101 

Sec. 33. No prosecuting officer shall receive any fee or reward from, i £.°omeers l to 
or in behalf of, a prosecutor, for services in any prosecution or business receive fees. 
to which it is his official business to attend, nor be concerned as counsel 
or attorney for either party in a civil action depending upon the same 
state of facts. 

Sec. 34. The Attorney General shall account with the Treasurer of the General toa<> 

State for all fees, bills of costs, and moneys received by him by virtue of Treaaurerfor 

his office. a " fees ' &c - 

Ib„ i n. 

Sec. 35. That, in all cases wherein the rights of the State may be in- ... 

b J Attorney 

volved, it shall be the duty of the persons claiming under the State to £ e i" e -» ul a " d 

J i © solicitors to 

call on the Attorney General or Solicitors, in their respective districts, to defend the 

J ' l ' right of the 

defend the right of the State ; on failure whereof, the record of such case state. 

shall not be adduced as evidence to substantiate any claim against the lsos ' ' 57 '* 

State. 

To sue for 
penalties in- 
curred bv any 

Sec. 36. It shall be the duty of the Attorney General and Solicitors public oi t icer. 
to sue for the penalties incurred by any public officer or Board of public 23;i8u|v, 733, 

a; 3 25:1815, VI, 9, 

omcers. \ i„. ^ u , xi, 

295, \ 4. 

Sec. 37. The Attorney General and Solicitors are required, annually, To examine 

. . Countvoffices 

at such times as they may deem expedient, to examine into the condition an nually. 
of the offices of the Clerk of the Court of Common Pleas and General 1SJ7, %I " ,: 'i -■ 
Sessions, of Sheriff, and Register of Mesne Conveyances, in their respec- 
tive Counties, and to ascertain if the said officers have discharged the 
duties which now are, or shall be, required of them; and they shall make 
•a report of the condition of the said offices, and of the manner in which 
the said officers have discharged their duties, to the Circuit Court in each 
County, respectively, at the Fall Term in each year, and also to the Gen- 
eral Assembly at its annual session. 

Solicitor? to 

Sec. 38. The Solicitors shall attend the Courts of General Sessions and cuit court. 



Common Pleas, for their respective Circuits. I'o.n l ' \n/' 

Sec. 39. Solicitors shall do the duty of the Attorney General, and give solicitor- 
their counsel and advice to the Governor and other State officers, in mat- rai. 
ters of public concern, whenever they shall be, by them, required so to ?.J'-|j; ^il, 271 > 
do, and assist the Attorney General, or each other, in all suits or prose- 
cutions in behalf of this State, when directed so to do by the Governor, 
or called upon by the Attorney General. They may defend any person persons on 
brought to trial before any criminal Court of this State, when their duty required to 
shall not require them to prosecute such persons, or their assistance be pr 
not required against such person by the Governor or Attorney Gen- 
eral. 



102 OF CERTAIN STATE OFFICERS. 

cJm trolll? SlEC - 40 - Tliat lt Sha11 be the dllt y ° f the Sol i c ' tors . on tne last f1a y Of 

General state- October, in every year, to furnish the Comptroller General with a state- 
ij debts i j j i 

d ue the state, rnent of all debts due to the State iu their several possessions, showing 
ISXS, VI.108,31 ^ ie names f the debtors, the amount of debts, the interest, the pay- 
ments made, and the balance due to the State; and if any of said officers 

penalty for f a \\ j- furnish the Comptroller General with such statement, he shall for- 

neglect. 1 

feit and pay the sum of two hundred dollars,* to be recovered by action 
in any Court of law in this State having competent jurisdiction. 

To prose- ^ EC- ^" ^e severa ^ Solicitors of this State are hereby specially 

cute offences charged with the prompt and rigorous prosecution of offences against the 

against civil . . 6 . . . . . 

rights of citi- cl"vil rights of citizens; and every Solicitor who shall fail, in this respect, 

zens : lailure ° 1 ' 

to pr osecute. j n the performance of his duty, shall be deemed to have committed a 
ja' ' ' ~ ' misfeasance in office, and, on conviction, shall forfeit his office, and be 

incapable of holding office for five years, and shall also pay a fine of five 

hundred dollars, and, in every case in which any Solicitor shall fail in 
ney^Gen^ral n ' s duty, the Attorney General shall make the most effective prosecution 
SoiicUoi- U ° Ute possible against him on behalf of the State; and neither any Solicitor 

nor the Attorney General shall settle or enter a nol. pros, in any such 

case, except by the consent of the Court. 

solicitors to Sec. 42. That it shall be the duty of the Circuit Solicitors, in making 

furnish re- 

turns. their returns to the Comptroller General, as by law directed, to make out 

1819, \ i, i3o, ',, am i c i e ij ver to him, at the same time, fair duplicates thereof. 

solicitor* to ^ EC - ^. That the Solicitors, before entering upon the duties of their 
amount 10 '" 1- °ffi ces ' shall, respectively, give bond, with two good securities, to the State 
1812, v,'o75, 1 3. of South Carolina, in the penal sum of five thousand dollars, for the 
faithful discharge of the duties of their respective offices. 

State Constable. 

Appointment Sec. ~^. There shall be appointed by the Governor, and confirmed by 
tion'lJav'ap- tne Senate, an officer to be named and designated the Chief Constable of 
ants* asslst " the State, who shall be commissioned and hold office for four years, un- 
i-'.-, xiv, ii, :f. less sooner removed by the Governor. He shall reside at the capital, 
and shall appoint in each County one Deputy Chief Constable, and as 
many Deputy Constables as the Governor may direct. 

Powers and Sec. 45. The Chief Constable of the State, and the Deputy Chief and 
chief and De- Deputy dilutables in the Counties, shall exercise all the common law and 

?"' le9 ' statutory powers of Constables, and all authority given to the police or 

watchmen by the statutes of the State, and by the charters and ordi- 
nances of incorporated towns and cities, concurrently with such officers. 
Said Chief Constable of the State, and Deputy Chief and Deputy Con- 
stables in the several Counties, shall, at all times, obey and execute the 
orders of the Governor in relation to the preservation of the public 
peace, and the execution of the laws throughout the State; and it shall 
be their duty to sec that the laws are observed and enforced, and shall 
especially use their utmost effort and endeavor to repress disorder and pre- 
vent crime. 



OF CERTAIN STATE OFFICERS. 103 



Sec. 46. The Chief Constable of the State shall be paid out of the , io ^ OUi! ; ^'-V"" 

Treasury of the State au annual salary of fifteen hundred dollars, in howjpaid. 

equal monthly payments ; and the Deputy Constables in the Counties shall 
receive a compensation of three dollars per day when actually on duty. 
'Whenever required to travel on duty, they shall be allowed, as compen- 
sation, the same amount which may be accorded by law to Sheriffs and 
their Deputies. The accounts of Deputy Chief Constables and Deputy 
Constables shall be verified by affidavits made and taken before a Jus- 
tice of the Peace, Notary Public or Clerk of a Court of Eecord, and, 
after approval by the Governor, shall be audited and paid out of the 
Treasury. 

Sec. 47. The Governor shall cause to be made and published all need- Rules; force 

1 to be alwavs 

ful rules and regulations for the government of the Constabulary force; prepared to 

° „ _. enforce the 

and the Chief Constable of the State shall hold the Deputy Chief Con- laws. 

stables and the Deputy Constables in the Counties ready, at all times, n> ~ * 4 " 

for the prevention of crime and enforcement of the laws of the State. 

Sec. 48. The Governor shall have authority, whenever, in his judg- Arming of 

, , . jo force, snp- 

ment, it shall be necessary, to arm the Constabulary, and, in any emer- pre,, ion of 

II . n , T 1 " P 1 ri0t *- &C - GOV - 

gency, to assume the sole control ot the whole, or any part, oi the emormayas- 
........ .. . i • i • i sume control. 

municipal police in cities and incorporated towns; and to authorize the U) ■, s 

Chief Constable of the State, or any Deputy Chief Constable, to com- 
mand assistance in the execution of process, suppressing riots, and in jire- 
serving the peace. 

Notaries Public. 

Sec. 49. That the Governor be authorized to appoint as many Notaries To be ap- 
Public, throughout the State, as the public good shall require, to hold Governor — 
their offices during the pleasure of the Governor, and whose jurisdiction ace. Jurisdio- 
shall extend throughout the State. isn xiv w 

81. ' 

Sec. 50. That every Notary Public shall take the oath of office pre- oath. 
scribed by the Constitution, a certified copy of which oath shall be re- n»-i \ '-■ 
corded in the office of the Secretary of State. 



Sec. 51. That every Notary Public shall have a seal of office, which Seal 

shall be affixed to his instruments of publication and to his protesta- 
tions; but the absence of such seal shall not render his acts invalid, pro- 
vided his official title be affixed. 



nr., 



Pon-c r 



Sec. 52. That Notaries Public shall have power to administer oaths, 
take depositions and affidavits, protests for non-payment, bonds, notes, pu bllc , " otarles 
drafts and bills of exchange, take acknowledgments and proofs of deeds, it,., §4. 
and other instruments required by law to be acknowledged, and take " ay ' 
renunciation of dower and inheritance. 



104 OF CERTAIN STATE OFFICEES. 

Not to act in g EC- 53_ That no Notary Public now in office, or hereafter appointed, 
ses - shall exercise any power or jurisdiction in criminal cases. 

1829, VI,387,j& 



Fee* of No- 



Sec. 54. That the fees of Notaries Public shall be as follows : For 
targes Public taking deposition and swearing witness, per copy sheet, twenty-five cents; 
>3. ' for every protest, two dollars and twenty-five cents; for a duplicate of 

deposition, protest and certificate, per copy sheet, fifteen cents ; for each 
attendance on any person to prove any matter or thing, and certifying 
the same, one dollar ; for every notarial certificate, with seal affixed, one 
dollar ; for administering an oath, twenty-five cents ; for administering 
oath on affidavit, fifty cents ; for taking renunciation of dower or inherit- 
ance, two dollars. 

Commissioners of Deeds. 
Sec. 55. That the Governor of the State is authorized to appoint and 

Governor to rr 

appoint. commission, in the several States and Territories of the Union, and in the 

District of Columbia, as many persons as he may deem expedient, as 
offlee nUre ° f Commissioners of Deeds, who shall hold their offices during the pleasure 
issi, vi, ow,;i. of the Governor. 



To make Sec. 50. That every Commissioner, before he proceed to perform any 
fui perform- duty, shall take ami subscribe an oath or affirmation before any officer 
ties. Notice authorized to administer oaths in the city or County in which such Com- 
ment aP to 01 be missioner shall reside, well and faithfully to execute and perform all the 

given. 



lb., 505, -, 3. 



duties of such Commissioner, under and by the laws of South Carolina, 
which oath or affirmation, and the written appointment of such Com- 
missioner, shall be filed in the office of the Secretary of this State, who 
shall give notice of such appointment in one or more of the gazettes of 
this State. 

Powers of Sec. 57. A Commissioner of Deeds shall have authority to take the 
ibTTT acknowledgment or proof of any deed, mortgage, or other conveyance of 
any lands, tenements or hereditaments, lying or being in this State, or of 
any contract, letter of attorney, or any other writing under seal, to be 
used and recorded in this State; and such acknowledgment or proof en- 
dorsed on, or annexed to the instrument to, which it refers, and certified 
by such Commissioner, under his seal, shall have the same force and 
effect, and be as good and available in law, for all purposes, as if the 
same had been made or taken before a Judge of this State. 

Toaiiminis- Sec. 58. That every Commissioner shall have full power to administer 

tCI* OB. til 9 

ibTl^ — au oat h or affirmation to any person who shall be willing or desirous to 

make such oath or affirmation before him ; and such oath or affirmation, 
mad.- before such Commissioner, shall be as good and effectual, to all in- 
tents and purposes, as if taken by any Trial Justice resident in this 
State, and competent to take or administer the same. 



OF CERTAIN STATE OFFICERS, &C. 



105 



Sec. 59. That a Commissioner of Deeds shall have power and author- ,*$£*££* 
ity to take and certify renunciations of dower and inheritance, on the ^\' l °" s of 
same terms and conditions as Judges, Trial Justices or Notaries Public lb., g i. 
are authorized to do by the laws of this State, and such renunciations, 
so taken and certified as aforesaid, shall as effectually convey such es- 
tates of dower and inheritance as if the same had been rendered in this 
State. 



CHAPTER XVII. 

Of the Comptroller General, State Treasurer, State Auditor, 
Land Commissioner, Commissioners of the Sinking Fund, 
Commissioner of Agricultural Statistics, and Matters of 
Finance. 



Sec. 
1. 

o 

3. 
i. 

5. 



Comptroller General. 

Comptroller General to give bond; 
salary; office hours. 

To keep books 

Treasurer's books to be open to Comp- 
troller's inspection; Comptroller to 
examine cash in the Treasury. 

To superintend transfer of money and 
papers from the Treasurer to his 
successor. 

Estimates of revenue and expendi- 
tures and copies of Treasurer's re- 
ports to be rendered to the Legisla- 
ture. 

6. Drawing of warrants; warrants to ex- 

press on what particular account 
money is due by State. 

7. To report to the Legislature, annually, 

a balance sheet. 

8. To prepare comparative statement of 

the taxes of every County. 

9. To report contingent accounts. 

10. To report debts due to State. 

11. To report on the accounts of all dis- 

bursing agents. 
12 To report names of pensioners. 

13. To report unappropriated fund in the 

Treasury. 

14. To examine account for transient 

poor, &c, of Charleston, and report 
same to Legislature. 

15. Comptroller's books to be paid for by 

State. 

16. To have bonds for officers printed and 

distributed. 

17. To enforce upon County Treasurers 

performance of their duty. 

18 Contingent accounts; how examined. 

19. To keep books for the accounts of dis- 
bursing agents. 

•20. To refuse or withdraw insurance 
agents' licenses; when. 

•21. To publish monthly exhibits of the 
state of the banks. 

•2-2. To publish monthly statement of the 
circulation of banks. 

'23. To recover forfeitures and examine 
books of banks. 

14 



Sec. 

24. To collate reports of railroad compa- 

nies, &c. 

25. To insure South Carolina University 

buildings. 

26. To give insurance companies certifi- 

cates, to be filed in County Clerk's 
office. 

27. To keep bonds of insurance compa- 

nies; identical bonds to be returned; 
State responsible therefor. 

28. To furnish officers of State Executive 

Department with offices. 

Slate Treasurer. 

29. Salary of Treasurer and Chief Clerk. 

30. Treasurer to give bond. 

31. To keep records heretofore belonging 

to Treasurers of Upper and Lower 
Divisions. 
3'2 Office hours. 

33. To make reports. 

34. To furnish official information when 

required by Comptroller. 
:;.">. To take duplicate receipts. 

36. To commit defaulting County Trea- 

surers to jail. 

37. Defaulters to be charged with five per 

cent per month. 

38. Not to draw cheeks on County Trea- 

surers, except, *e. 

39. To report to Geueral Assembly de- 

faulting Tax Collectors; to proceed 
against defaulters. 

40 To make entry of and file Comptrol- 
ler's warrants in his office. 

41. To pay all persons, except annuitants, 
at Treasurer's office, Columbia. 

12 Payments on contracts by Commis- 
sioners. 

43. Appropriations for Commissioners; 

how to be drawn; proviso. 

44. Payment of salaries of public officers. 

45. Treasurer to pay apportionment of 

school fund to Counties according 
to certificate of Superintendent of 
Education; penalty for failure. 
•46. Payments to annuitants. 



106 



COMPTROLLER GENERAL. 



Sec. 

47. To raise accounts for appropriations. 

48. Copies from Treasurer's books to be 

evidence. 

49. To give receipts, when; penalty for 

neglect to furnish. 

50. To deposit all moneys that may come 

into bis hands. 

51. Banks to make report of same to Gov- 

ernor and Comptroller General 
monthly. 

52. Treasurer to draw money from banks, 

how. 

53. Bank book to be examined. 

01 accounts to be closed annually; to be 
examined by Joint Committee. 

55. Duties of Committee. 

56 To compare warrants. 

57. A majority of members may perform 
duties of Committee. 

5S. Pay of members of Committee 

59. Interest on stocks and bonds to be 

paid— how. 

60. No public officer to be paid until duly 

commissioned and qualified. 

Stale Auditor. 
CI. Governor to appoint State Auditor, 
with advice and consent of Senate. 

62. Extension of time to tax officers. 

Land Commissioner. 

63. Advisory Board; Laud Commissioner; 

his bond and salary. 

64. Term of office. To take oath. 

65. The Advisory Board to Land Commis- 

sioner. 

66. Duty of Land Commissioner. 

67. Lands to be sub-divided; sold to ac- 

tual settlers; title; limit of quantity. 

68. Receipts to be deposited: moneys to 

be invested in State bonds;' Sinking 
Fund. 

69. Books and records; annual report. 

70. Purchases— how made. 

71. None to be made that Commissioner 

will not be able to sell without de- 
lay. 

72. Fees, mileage and per diem— how 

paid; clerical assistance. 

73. Commissioner not to purchase from 

or sell to State any lands or specu- 
late in them; punishable by fine and 
imprisonment for so doing". 

Commissioners of Sinking Fund. 

74. Governor anil others to be Commis- 

sioners of Sinking Fund. 

75. Commissioners to make annual re- 

ports to General Assembly. 



Commissioner of Agricultural Statistics. 

76. Commissioner of Agricultural Statis- 

tics tub., appointed by the Governor. 

77. Duties of Commissioner. 

78. To ascertain lands for sale. 

79. To make publication thereof. 

SO. To answer inquiries as to resources of 

State. 
Bl. salary; clerk; expenses. 
82. Reports. 
S3. To inspect fish streams, and report 

condition. 

84. To report violations offish law to Cir- 

cuit Solicitors. 

85. May inspect any point and call aid in 

case of resistance; penalty for refus- 
ing to assist. 

86. To receive ten cents mileage. 

87. May direct census takers to procure 

information. 
S8. To direct division of Counties into 

census districts. 
89 May employ clerical assistance to 

make census returns. 

90. To provide blanks, Sec, for census 

takers; census report. 

Matters of Finance. 

91. Bonds and stocks issued by Legisla- 

ture to be uniform in design; Finan- 
cial Agent in New York to arrange 
for same. 

92. Bonds to be signed— by whom. 

93. Financial Agent to be appointed; pro- 

viso. 

94. Bonds to be sold by Financial Agent. 

95. Financial Agent to pledge State bonds 

as collateral security for State loans; 
proviso. 

96. Financial Agent to make reports. 

97. Trust funds may be invested in Slate 

bonds; proviso. 

98. No insurance company to carry on 

business until it has made a deposit 
of State bonds; Comptroller Gen- 
eral may permit collection of inter- 
est thereon. 

99. Insurance companies to be furnished 

with certificates of deposit 

100. Not lawful for persons or associations 

to receive applications for insura 
until bonds have been deposited; 
attorney for companies to be ap- 
pointed; his duties. 

101. Penalty for violation of Sections 98, 99 

and 100; informer to receive half of 
penalty recovered. 



Comptroller General. 

Comptroller Section 1. That the Comptroller General shall, before he enters upon 
salary 6 office tne duties of his office, give bond for the faithful discharge of the duties 
lloura - thereof, with one or more securities, to be approved of by the Governor 

18(11 V -11(1 3 

li; 1868,'xiv, for the time being, in the sum of thirty thousand dollars. He shall 

Art. in', J 28; receive an annual salary of three thousand dollars, and the fees and per- 

' ' " quisites of the office shall be paid into the Treasury of the State. He 

shall keep open and attend to his office from nine o'clock in the morning 

until two o'clock in the afternoon, on every day, Sundays, the Fourth of 

July, and Christmas and the two next succeeding days excepted. 



ks. 

1801.1 



To keep Sec. 2. It shall be his duty to keep a book in which all appropriations 

by the General Assembly shall be entered, with all payments made under 

sl '"' 11 them; he shall also keep another book, properlj indexed, in which be 

shall enter all contingent accounts allowed by the General Assembly, 

and the time al which payment on the same shall be made. 



COMPTROLLER GENERAL. 107 

Sec. 3. That the books of the Treasurer of the State shall, at all sea- bo ^ e g as t u ,f ^ 
sonable times, be open to the inspection and examination of the Comp- °P™ e ction. 18 
troller General, ami he shall, twice in every year, and at such other times To^ gzg™&£ 
as he shall deem necessary, examine the cash in the Treasury at Colum- u*y. 

, . " l-nl,Y,408,409, 

bia. g 1 and i. 

To superin- 
Sec. 4. He shall personally superintend, except in the event of his of'Soneyand 
being sick and thereby rendered unable to attend, the transfer of money JfJSS? *9„ 

and papers from the office of the Treasurer to his successor, and report to successor. 

the Legislature thereon at their next session. 

_ „ , Estimates of 

Sec. 5. lhat he shall prepare, and report at every session ot the revenue and 
_., . „, ... -iii- t. expenditure, 

Legislature, estimates ot the public revenue and public expenditures; and copies of 
and shall, at the same time, render fair and accurate copies of all the reports, to »e 
Treasurer's reports, and a true and accurate account of the actual state the Legisia- 
of the Treasury. '"''ib .^os, ji. 

Sec. 6. That it shall not be necessary for the Comptroller General to Drawing of 
draw any special or general warrants upon the Treasury, for any moneys Spress 8- on 
required by law to be paid out of the Treasury, except such appropriations " al ! :l account 
as may, by the Legislature, be ordered to be paid under his direction. All ^"statef dU6 
warrants drawn by him shall express on what particular account such isa, vi,ni, ? 
money is due by the State ; and it snail be his duty to take a receipt tor, and i 5. 
copy of, every warrant issued by him, and to keep the same regularly filed 
or entered in his office. 

Sec. 7. That the Comptroller General shall keep a set of books, „ 

. L L 'To report to 

exhibiting the separate transactions of the Treasury Department; Legislature a 

. . balance sheet 

which set of books shall be a transcript of the books of the Treasury, ann ually. 



constituting a complete check upon that office; and the Comptroller i^^i' 511 ' 
shall, in addition to the exhibits of cash transactions of the Treasury, 
annually report to the Legislature a balance sheet of the books aforesaid, 
setting forth as well by whom debts are due to the State as the amount 
of those debts. 

Sec. 8. He shall prepare and present to the General Assembly, at an to prepare 
early period in every session, a correct and detailed statement of all the statement 1V of 
taxes, real and personal, for which each of the Counties of the State co1mt$\ every 
shall be liable under the tax Acts of each year. He shall, at the same ~~ isos, v, 567, j> 

i r. , i i ,, ! • , V. 4; 1859, XII, 746, 

time, report the amount of the local taxes collected m each County. i 4. 

Sec. 9. He shall examine and report on all contingent accounts to the co J"i n ^ e J n n t rt 
General Assembly before the third Monday of each session. accounts. 

1846, XI, 356, 1 2. 

Sec. 10. He shall lay before the General Assembly, with his annual (]e vJ s ° au e P t ° u 'e 

report, a statement of all moneys due to the State (except the old bonds state. 

given for confiscated property.) ju. 18 ' ' ' 



108 COMPTROLLER GENERAL. 

To report g EC n jj e 5 hall examine and annually report to the General Assem- 

on accounts of • x 

an disbars- i,j v 0I1 the accounts of all persons having the distribution of public 

mg agents. - i o 1 

is34, vi, oii, money. 
la- 
names of pen- Sec 12. He shall make an annual report to the General Assembly of 
sioners. , . .. . „ ,, ~ 

1S35 vi 5*7 ^ ne uames oi the pensioners ot the otate. 
8 3- ' ' 

appropriated Sec. 13. The Comptroller General shall report, annually, to the Gene- 
nmci in Treas- ra ] Assembly, his transactions in regard to unappropriated funds in the 
1803, v, 458, 830. Treasury. 

account for Sec. 14. He shall, annually, call on the Treasurer of the City Council 
poor, Ac., of of Charleston, to render an account, on oath, of the application of such 
ana report money as is appropriated for the support of the transient poor, and 
lature" esib " other purposes, and shall lay the same before the General Assembly. 

1S04, V, 4SS, 
8 22. 

books tr0 pai! Sec. 15. That the books necessary fur the office of Comptroller Gene- 
fojjy state. ral be aid for out of the Treasury of the State. 

1818,VI,109,? 15. L J 

To have Sec. 16. It shall be the duty of the Comptroller General to ascertain 
acers 3 printed the number of officers in this State from whom bonds are required, and 
bated. distn " to cause an equal number of said bonds to be printed, annually, at the 
1829, vi, 384, expense of the State, having thereon the blank forms for County Com- 
missioners to approve securities, and for probate; and to distribute to 
each County, annually, a number of said bonds equal to the number of 
such officers iu said Couuty respectively. 



To enforce Sec. 17. The Comptroller General shall immediately commence aud 
"Treasurers 5, pursue against all County Treasurers reported by the Treasurer as being 
of 'dut' mance ' n default in making their returns, such legal measures as will be best 
'i-"-, v,5C7,i3. calculated to compel an immediate compliance with the duty imposed 

upon them in regard to such returns, and shall enforce the performance 

of their duty generally by all legal means. 



contingent Sec. 18. Every contingent account against the State shall be lodged 

accounts to 

be examined, in the Comptroller's office, on or before the third day of the annual ses- 
ibis, xi, 356, g j on . ne sna ]j examine aud report on the same before the third Monday 
of the session, and no account shall be considered or acted upon by the 
General Assembly unless so examined and reported. 



To keep Sec. 19. He shall enter in books, kept for that purpose, such a state- 
books for the „ , ,.',.... ' 
account- of ment oi the accounts ot persons having the distribution of public money, 

agenta _ _ (directed by law to be rendered to him,) as will enable him. at any. time, 

183*, \i, 612, t0 s how how said accounts stand between the parties respectively. 



COMPTROLLER GENERAL. 109 



fuse or 
aw in- 



Sec. 20. That if the Comptroller General shall become satisfied that w ^°a®i 
any insurance companyis insolvent or unsafe, it shall be his duty to re- „ su S nce 
fuse license to its agent or agents, and to withdraw any license that has cense, when. 
been already issued. ^|G9,xiv,206, 

Sec. 21. The Comptroller General shall collate the various statements mo Sth?y W <S> 
in the monthly returns made to him by the banks, so as to present a l ^H s °/ 5 h ie 

comparative view of all the items thereof, and shall publish the same in bailk3 - . 

some public newspaper, for general information. Every bank failing to §§3,4:isi»,xiv,' 
make such return shall forfeit to the use of the State, to be recovered 2U ' 5 "' 
by the Comptroller by action, twenty-five dollars for each and every 
day's neglect. 

Sec. 22. The Comptroller General shall, at least once in every month, To i 1u 

1 J ' a mouthlv 

collect the accounts of the weekly state of their circulation and specie, statement of 

tilG Cil'dlll" 

rendered by the several banks of issue, in conformity with law, and tion of tiie 
publish the same, so collected, in some newspaper, in the following form : "Ts js xn 7oo 

§ 6. 

Weekly state of circulation and specie of Banks of issue in South Carolina 
from the day of to the du.i 

of eighteen hundred and 



Name of Bank. 



Name of Bank. 



Name of Bank. 



Date. Circulation. Specie. Date. Circulation. Specie. Date. Circulation. Specie 



And any bank, the officers whereof shall neglect to transmit to the 
Comptroller General any such account aforesaid, shall forfeit one hun- 
dred dollars for each and every day during which the same shall be 
neglected, to be recovered by action, at the suit of the State. 

Sec. 23. It shall be the duty of the Comptroller General, whenever it to recover 
appears that any bank, or any officer of a bank, has incurred any for- a n^ examine 
feiture for an official misconduct, to cause suit to be brought against such D ^t^° of 
bank or officer, by the Attorney General or the Solicitor of the Circuit ism, xi-,-u5, 

J J § 5; 1S57, XII, 

in which such bank is situated, for the recovery of the same. And in 632, ; i. 
case he shall, at any time, have cause to suspect that a false or incorrect 
account has been rendered to him by any bank, he shall have authority, 
and it shall be his duty, to make a personal examination of the books of 
such bank, in order to ascertain the truth ; and any officer of a bank 
who shall refuse to submit the books of said bank to the Comptroller 
General for such examination, shall be deemed guilty of a misdemeanor, 
and be subject to fine and imprisonment, at the discretion of the Court. 

Sec. 24. The Comptroller General shall collate the reports of railroad to collate 

companies annually made to him, in one general abstract, and publish railroad com- 

the same iu his annual report. He shall, also, report any railroad com- lianles '_l' c '' „ 
1 > ' i j 1S(il) XIII, ST, 

pany failing to report to him according to law. § 3. 



110 COMPTROLLER GENERAL — STATE TREASURER. 

c T nTr?r ^ EC- 25- That the Comptroller General shall, annually, insure against 
bniiaings. fi re , the buildings of the University of South Carolina. 

'. M, 139, 
815. 

Togivem- Sec. 26. When insurance companies shall have complied with the re- 
paniescertm- rpiirements of the law, the Comptroller General shall give a certificate to 
oatea, to^ie ^ m ^ effect, and also state the names of their attorneys; which certificate, 
"°™^r"' when filed in the County Clerk's office, of the County where the agency 
1 3. is to be located, shall be the authority to commence business. 

imm.J" of^fiS Sec, 27. The Comptroller General shall safely and separately keep the 
paSesf S" bonds or stocks of each insurance company or corporation, and shall re- 
companS to turn the identical bonds or stocks received ; and, during the usual office 
state e i"'i>oi hours, shall keep the bonds or stocks subject to examination of the rep- 
sibie therefor, resentative of any company or association having made a deposit; and 

the State shall be responsible for the return of all of said bonds or stocks 

by the Comptroller General. 

the r o > ffl f "e 1 r I1 9 i o h f Sec - 28 - Ttat the Comptroller General of the State be authorized and 

nil'' D Xecx l~ directed, upon his receipt of a written application from any officer of the 

ui.-nt with gtate Executive Department, to provide and furnish an office for the use 
oftiees. 1 1 

Joint Reso^ of said officer, and the expense thereof shall be paid by the State Trea- 
xiNvr.i. m|'>'. surer, out of the contingent fund of the State, on the warrant of the 
Comptroller General. 

State Treasurer. 

T^-ealurer 16 Sec. 2 9- That the Treasurer of the State shall receive an annual salary 
ciCTk! 13 Cluef of two thousand five hundred dollars, and his Chief Clerk, to be ap- 
con., Art. in, pointed with the approval of the Governor, shall receive an annual salary 
i3tS^§ i."' ' of eighteen hundred dollars. 

g^-ebona! 1 to Sec. 30. The Treasurer shall, before entering on the duties of his office, 
His, aiii, 350, give bond, with two or more good and sufficient sureties, to be approved 
by the Governor, with a condition for the faithful discharge of his official 
duties, in which he and his sureties shall be jointly and severally bound 
to the State of South Carolina, in the penal sum of ninety thousand dol- 
lars. 

m^gjjg Sec. 31. It shall be the duty of the Treasurer to keep all the records, 
r'nw '■ 1 ' er i) 1 "'' 1 ' ln °k s and papers heretofore belonging to the Treasurer of the Upper 

sion9 - Division, and to the Treasurer of the Lower Division, in his office at 

Columbia. 

' '"" 113 j Sec. 32. The Treasurer shall keep open and attend in his office from 

ISO! V 411 

nine o'clock in the morning, until two in the afternoon, on every day, 
Sundays, the Fourth of July and Christmas and the two succeeding 
days excepted. 



STATE TREASURER. Ill 

Sec. 33. That the Treasurer shall, at the end of every month, report ,^" s make r °- 
to the Comptroller General an accurate statement of the cash transac- " it>.. 409, j t, 
tions of the Treasury, of every description. In the said reports he shall ; 'j,';. 
state the amount of every sum of money which he may receive or pay 
away in behalf of the State, particularizing the person and his office of 
•whom he receives, and to whom he pays, as also on what account he has 
received, and for what purpose he has paid, such sums. 

Sec. 34. The Treasurer shall, at all times, when thereto required by To furnish 

, ■ * , ' , . ' /.1 official in for- 

the Comptroller General, produce to him satisfactory statements of the mation when 
... -, ,„ • 1 1 • 1 -i rr- • i • n ■ ii required by 

cash 111 hand, ami furnish him promptly with official information, duly Co mptroller. 

certified, relative to any matter connected with the revenue and finances Ib -> 5 27 - 

of the State. 

Sec. 35. On making payment of the salaries of any officer of the State, To take du- 
the Treasurer shall take a duplicate receipt, and forward the same, with ceipts. _ 
his monthly report, to the Comptroller General. , \l u > XI ' " 17 ' 

Sec. 36. Any County Treasurer who shall neglect to pay over to the Jifouft™™ 1 ' 
Treasurer the amount in his hands belonging to the State, or for which county Trea- 

& & surers to jail. 

lie has made himself liable, as required by law, shall be liable to be com- 17-..., y, .-,1. ■ 11. 
mitted to jail by a warrant from the Treasurer, which warrant shall be commission^ 
directed to all the Sheriffs of the State, who shall be bound in their seve- eib * 
ral Counties to yield strict obedience to the same, under penalty of lia- 
bility for neglect of duty ; and such County Treasurer shall remain in 
strict custody until he shall have rendered a full account, and paid over 
the taxes for which he is accountable. 

Sec. 37. If any County Treasurer shall refuse or neglect to pay the Defaulters 

iii- ■ 1 ■ , • . i 1 i 1 m to he charged 

taxes received by him within the time required by law, the ireasurer with five per 

shall, in addition to the coercive power which he now possesses, charge month. 

the County Treasurer with interest, at the rate of five per cent, per « <|' a43 ' XI ' ■ i1 ' 

month, from the time he ought to have paid the taxes, to the time of 

such settlement. 

Sec. 38. The Treasurer shall not draw any order or check, or make Not to draw 
any draft on any County Treasurer, in favor of any person having county ffrea- 
any claim against the State, except as provided in Section 46 of this &c. el ' e 
Chapter. ~lso3, v, 451, 

Sec. 39. The Treasurer shall report to the General Assembly,' at its To report to 

1 . ■" General As- 

annual session, every instance of default in the County Treasurers, and seinniy iie- 

i-iii 1 n . ,, faultingf'oun- 

state particularly the means which he has made use of against such de ty Treasurers 
faulters, so that the General Assembly may be fully informed of any a ig 01 ' A ' 411 ' 
omission of duty, wheresoever and by whomsoever, in the punctual and 

due collection of taxes ; he shall instruct the Attorney General and So- „ 

. . ■ J To proceed 

licitors to proceed against all such defaulters, as soon as such defaults against de- 
shall occur; and it shall be the indispensable duty of the Treasurer to — iso3 v. 4.v> 
enforce all legal means against defaulting County Treasurers; in failure ^ 1 ' 2- 
whereof, he shall be held to make good any loss which the State may 



112 STATE TREASURER. 

sustain thereby, and be, moreover, liable to be deemed guilty of a viola- 
tion of his official duty. 

Tomakeen- S E e. 40. It shall not be necessary for the Comptroller General to draw 

try fit, anil file J l 

Comptroller's any special or general warrant upon the Treasurer for any money re- 
warrants in ; * ° ' J •'. 

ni s offic e. quired by law to be paid out of the Treasury, except such appropriations 

I ii?\m,\ m\ as ma y. by the Legislature, be ordered to be paid under his direction. 
Warrants drawn by the Comptroller shall express on what particular ac- 
count money is due by the State ; and the Treasurer, after making a 
proper entry of each warrant, shall keep the same regularly filed in his 
office. 

To pay all Sec. 41. The Treasurer shall not make payment to any person having 
cept° n, annu1l a demand against the State, even though allowed by law and provided 
sury 5 ofnee e at f° r by ^ e General Assembly, but at the Treasury office, at Columbia, 



Columbia. 



1S03.V, i.-.l, 9. 



except payments to annuitants. 



Payments on &ec. 42. ^o appropriation placed under the direction of any Board of 

contracts by r , . . , „ , , „ , _, ., , 

Commission- Commissioners shall be drawn from the Ireasury until the contract 
entered into by the Commissioners in virtue thereof shall have been 
lodged in the Treasury office at which such appropriation is payable. 



er. 



182*, VI, 259,j 7. 



tions to°comI ^ EC - "13- The Commissioners shall be authorized to draw one-third 

how^'to^'be °f the appropriation placed under their direction in advance, one- 

d Proviso third when the contract is half finished; and the balance when the work 

ib., ii s, 9. is completed and received by the Commissioners : Provided, That in no 

case shall Commissioners be allowed to draw upon any contract which is 

not intended to carry into complete execution all the objects for which 

the appropriation shall be made by the Legislature, and which objects 

shall be embraced by the terms of the contract. 

Payment of &T-C. 44. The Treasurer shall pay, at the end of each quarter, all ap- 
pu'Sii'c 3 OiS- propriations made on account of any officer of this State, except officers 
" '"■ of each branch of the General Assembly, who shall be paid by the Trea- 

\-:<. XIV, 2M 

S48, XI, surer at the end of each session; and except the pay bills of the Solici- 
tors in attendance, which shall be paid on presentment at the Treasury. 

Treasurer to s EC . 4.5. Within fifteen (15) davs after the apportionment, by the State 
pay appor- v ' J rr ' - 

tionment of Superintendent of Education, of the State School Fund, and the annual 

school fund L 

to Comities, taxes collected by the State, for the support of schools, the State Treasurer 
failure. ' _ shall pay the several County Treasurers the apportionment of the fund 
>;'r,'-V. XI ^ ,0 ° *' and taxes aforesaid belonging to their respective Counties, according to 
the certificate of the State Superintendent of Education ; and any viola- 
tion of this Section by the State Treasurer shall constitute, and it is 
hereby declared, a misdemeanor; and, on conviction thereof, the said ^tat<- 
Treasurer shall pay a fine of not less than five hundred (5U0) dollars, 
nor more than five thousand (5,000) dollars, to be used for school pur- 
poses in the County suffering from such violation, or imprisonment, in 
the discretion of the Court. 



STATE TREASURER. 113 

Sec. 46. The Treasurer is authorized to draw orders on the County Payments to 

J annuitants. 

Treasurer of the Counties in which each of the annuitants entitled to 1799, v,3iis,s§3,4 
the public money may reside, in his or her favor, for the amount -which 
may be due; but the Treasurer shall not draw any such order until the 
person applying for such order shall produce a certificate of his being 
entitled to such annuities, and shall also jiroduce, or cause to be pro- 
duced, a certificate, signed by one member of the Legislature and two 
Trial Justices, that the person in whose favor the order is to be drawn is 
still living, and stating in what County he or she resides. 

Sec. 47. The Treasurer shall raise an account in the Treasury books, To vaise ae _ 
in every instance, for the several appropriations made by the Legisla- p°oOTi a t t °ons'* 
ture, so that the appropriations of money and application thereof, con- iso3, v.tss, jTm. 
formably thereto, may appear clearly and distinctly on the Treasury 
books. 

Sec. 48. An exact copy of any entry from the books of the Treasurer, copies from 
certified by the Treasurer, shall be admitted in evidence in any Court of booklf U to r 'be 
this State, in the same manner as the original books.* evi dence. 

1801, V,«l, § SB. 

Sec. 49. The Treasurer, on receiving any money from the County To „ ive 
Treasurers, on account of State taxes, shall give to- such County Treas- ceipta, when; 

' c J penalty for 

urers triplicate receipts therefor; and on receiving any money from any neglect to fur- 
other person shall give him or her two receipts for the same ; and in case isio, vi, 23, g 4. 
the Treasurer shall neglect to furnish receipts as aforesaid, he shall for- 
feit and pay a sum not exceeding two hundred dollars, nor less than fifty 
dollars, to be recovered in any Court having jurisdiction thereof; and the 
Comptroller General, upon information made to him, shall take the 
necessary measures to cause the same to be recovered. 

Sec. 50. The Treasurer of the State of South Carolina shall deposit To deposit 
all moneys that shall come to his hands, on account of this State, within t 'ti a t m °rnay 
three days, Sundays exclusive, after receiving the same, in such bank or n ° m <f,3 mt0 llls 
banks in the cities of Columbia and Charleston as shall be designated by istis, xiv, 15, 
the Governor, Comptroller General and Treasurer, or any two of them, 
and as, in their opinion, shall be secure, and pay the highest rate of in- 
terest for such deposit. The moneys so deposited shall be placed to the 
account of the Treasurer, and he shall keep a bank book, in which shall 
be entered his account of deposits in, and moneys drawn from, the banks 
in which such deposits shall be made. 

Sec. 51. The said banks shall, respectively, transmit to the Governor Banks to 

11 ' make report 

and Comptroller General monthly statements of the moneys which shall ° f same 
be received and paid by them on account of the Treasury. xu., § 2. 



♦Note.— The word "Comptroller" has been stricken out of this Section, and the 
word "Treasurer" inserted. The Treasurer should certify as to his own books, as he 
has better knowledge of them. 

15 



114 STATE TREASURER. 

draw sl monev ^ EC ' '-*"" ^ ie Treasurer shall not draw any moneys from such banks, 
how' ba,uks ' unless by cheeks, subscribed by him as Treasurer, and countersigned by 
ib., § 3. the Governor ; and no moneys shall be paid by either of the said banks, 

on account of the Treasury, except upon such checks. 

Bankbook to Sec. 53. The Treasurer shall exhibit his bank book to the Comptroller 
— ,', x '" nl , n \— General and Governor, for their examination, on the first Tuesdav in 

lb., 16, § 4. ' J 

every month, and oftener, if required. 



Accounts to Sec. 54. The accounts of the Treasurer shall be annually closed on 
nuanv Se<I an ' * ue tnlrt i e th day of October, and shall be examined during the months 
nTli'i'" e johit °^ November and December, in each year, by a Joint Committee, con- 
co mmittee. gisting of one member of the Senate and two of the House of Repre- 
sentatives, to be appointed by a concurrent resolution of the two Houses 
of the General Assembly, at the session previous to said time of exami- 
nation in each year. 



Duties of ^EC. 55- Such Committee shall examine the accounts, and the vouchers 
Comm ittee, relating to all moneys received into and paid out of the Treasury during 
the year ending on the thirtieth of October preceding such examination, 
and shall certify and report to the General Assembly, at its next session 
after the said thirtieth day of October, the amount of moneys received 
into the Treasury during such year; the amount of moneys paid out of 
it during the same period, by virtue of warrants drawn on the Treasury 
by the Comptroller General or any other officer ; the amount of moneys 
received by the Treasurer, who shall be in office at the time of such 
examination, when he entered upon the execution of the duties of his 
office ; and the balance in the Treasury on the thirtieth clay of Septem- 
ber preceding such examination. 

To compare Sec. 56. Such Committee shall also compare the warrants drawn by 
the Comptroller General, or any other officer, on the Treasury during the 



lb., § 7. 



year ending on the said thirtieth day of October preceding, with the 
several laws under which the same shall purport to have been drawn, and 
shall, in like manner, certify and report whether the Comptroller Gene- 
ral or other officer had power to draw such warrants; and if any shall 
be found, which, in their opinion, there was no power to draw, they shall 
specify the same in their report, with their reasons for such opinion. 



Majority may Sec. 57. That a majority of the members of such Committee may per- 
££*: form all the duties required, by law, of the Committee. 

Ib., § 8. 

Pay of mem- Sec. 58. The members of the Committee shall receive the same com- 
mittee. '" pensat ion from the Treasury, for services and travel required to be pei- 
n>-i I 9- formed by them, as is allowed to members of the General Assembly. 



STATE TREASTJKEB — STATE AUDITOR — LAND COMMISSIONER. 115 

Sec. 59. That the interest on the bonds and stocks of this State, ex- b J»^ r est a °JJ 
cept those issued during the period from December first, eighteen hun- pak^uow.' 36 
dred and sixty, to April nineteenth, eighteen hundred and sixty-five, is«9, xiv, ' s»3, 
shall be paid in gold or silver coin: Provided, That the interest on bonds " ' 
issued for the building of the New State House shall not be excluded 
from being paid in coin by any provision of this Section. For this pur- 
pose the Treasurer of the State is hereby authorized and required to 
make the necessary exchanges, through the Financial Agent of the State 
in New York. 

Sec. 60. No executive, judicial, or other officer, elected or appointed paid until 
to any office in the State, shall be entitled to receive any pay or emolu- £a and^usSl- 
ments of office until he shall have been duly commissioned and qualified. 

State Auditor. 



flea. 



1868. XIV, 136, 



Sec. 61. The Governor is authorized, by and with the advice and con- Governor to 
sent of the Senate, to appoint the State Auditor to perform the duties tor^&c, with 
prescribed by law, and to require such bond from said officer as he may a te;sa]ary,*c. 
deem necessary. The State Auditor shall hold his office during the xn e an<f xm 3 
pleasure of the Governor. He shall receive a salary of twenty-five hun- Autiitor'f 8 ° 
dred dollars per annum, and be authorized to employ a clerk at the rt>, n%j 145; 

, , , ,, 1869, XIV, 240, 

rate of one thousand dollars per annum. § l. 

Sec. 62. If any of the duties required to be performed in Chapters Extension of 

XII and XIII, or before a certain day, by any officer therein named, o fficers . 

cannot, for want of proper time, be so performed, the State Auditor, ,? nT,e7 ' 
with the approval of the Governor, upon proper evidence of the neces- 
sity of the same, may extend the time as long as may be necessary 
therefor. 

Land Commissioner. 

Sec. 63. That the Advisory Board created by law is authorized and 

i • -ii ii i T i ,-« ■ Advisory 

required to appoint a suitable person, to be known as the Land Lommis- Board. 

sioner of the State of South Carolina; said Commissioner, before enter- 
ing upon the duties of his office, shall execute to the State of South Car- missloner. 
olina a written undertaking, with good and sufficient surety, in the penal 
sum of twenty thousand dollars, for the faithful discharge of the duties 
of his office ; said undertaking to be approved by the Advisory Board, — Saiary J __ 
and filed in the office of the Secretary of State. His salary shall be at i l. 
the rate of two thousand dollars per annum while on duty. 

Sec. 64. That said Land Commissioner shall hold his office at the 
pleasure of the Advisory Board, and, before entering upon the duties of £ er , m ,? f offl . c . e - 

J. O XELKG Otll Jl. 

his office, shall take and subscribe the oath prescribed in the thirtieth n,., >, % 
Section of Article II of the Constitution, which oath shall be filed in the 
office of the Secretary of State. 



Bond. 



116 LAND COMMISSIONER. 

^Advisory g EC . 65. That the Governor, Comptroller General, State Treasurer, 
Land Com- Secretary of State and Attorney General are declared to be an Advisory 

missioner. j j j 

lb., i 3." Board to the Land Commissioner; and said Commissioner shall, in all 
the duties imposed upon him by the provisions of this Chapter, be gov- 
erned by their instructions and advice. 

Dutvof the ^ EC ' ^" ^ nat it stall be the duty of the said Land Commissioner to 

Commission- purchase, or cause to be purchased, any lands in any portion of the 

— ib., i 4. - State, improved or unimproved, at such price as the said Advisory Board 

may determine, not to exceed, in the aggregate amount, in any one fiscal 

year, the par value of the bonds of this State created by the General 

Assembly for this purpose. 

Lands to _be Sec 67. All lands purchased by said Land Commissioner shall be sub- 

sub-divided. , A J 

divided into sections, containing not less than twenty-five nor more than 
setuersf Ctual one nun d re d acres, to be sold to actual settlers, subject to the condition 
that one-half thereof shall be placed under cultivation within five years 
from the date of such purchase, and that the purchaser shall, annually, 
pay interest, at the rate of six per cent, per annum, upon any moneys re- 
maining unpaid, and also all taxes imposed thereon by the authority of 
the United States, or of this State. And, in addition thereto, shall, in 
every year after the third, from the date of said purchase, pay one-fifth 
Titles. of the principal. The title to said land shall remain in the State until 
the amount of said purchase shall be paid, principal and interest; but a 
certificate of such purchase shall be assignable at three years from date 
thereof: Provided, That, in every case where a person purchases more 
than one section of fifty acres, he shall pay on such excess one-fourth 
quantity. ' cash, and the balance to be paid in equal annual installments of one- 
lb., 270, i 6. fourth the amount of purchase each year: Provided, That no person 
shall be entitled to purchase, in his own name, or for his own use, more 
than one hundred acres. 

Receipts to Sec. 68. It shall be the duty of the said Land Commissioner to deposit 

be deposited. w ^ t j ie Treasurer of the State all moneys collected by him as interest 

due upon the sale of said lands, which shall be used by the Treasurer of 

Moneys to the State in the payment of the interest on the stocks and bonds of the 

stat" T bond8. m State issued for the purchase of said lands, and to invest in bonds of this 

State all moneys received by the Land Commissioner in payment for said 

lands as principal ; said State bonds to be deposited with the Treasurer 

Sin king fund. Q f t ^ Q g tate> t0 constitute a sinking fund for the final payment and 

redemption of all stocks or bonds issued by the State for the purchase of 

said lands. The interest accruing on the bonds of the said sinking fund 

shall be applied to the payment of the interest upon the stocks or bonds 

of the State issued for the purchase of lands. 

Books and Sec. 69. The books and records of the office of the said Land Corn- 
records, missioner shall, at all times, be subject to the inspection of the Advis >i y 

Annuai re- Board, or any member thereof ; and the said Land Commissioner shall, 

1 7,1'p annually, make a detailed report of the transactions of his office to the 

General Assembly. 



LAND COMMISSIONER — COMMISSIONERS SINKING FUND, &0. 117 

Sec 70. The Land Commissioner shall be subject to the action of a h0 £ u 1 ] 1 c ' 1 ] , 
majority of the Board, and any purchase or sale of property made with- TstoTxiv, 3S6, 
out their advice or consent shall not be valid. 

Sec. 71. That no purchase shall be made without the certain know- t0 M " ( : 1 t 1 b ^ith ( ! 

ledge of the Commissioner that he will be able to sell the same without ont dela y- 
, ,° lb., 2 3. 

delay. 

Sec. 72. The said Land Commissioner, in addition to the compensa- Fee9 > «»i<?- 

1 age and pet 

tion hereinbefore prescribed, shall receive such fees as the Advisory diem ; hmv 
1 J paid. 

Board may prescribe, not to exceed, in the aggregate, for each title, the 

sum of ten dollars, the cost of all other papers included. Said fees, also 

mileage and per diem of the Land Commissioner, shall be paid out of clerical as- 

sistance 
the contingent fund of the State, to be paid by the Treasurer, on the cer- It) 07 6 a 9 . 

tificate of the Advisory Board. And the Land Commissioner shall be 

allowed such clerical assistance as may be authorized by the Advisory 

Board, which shall be paid in the same manner. 

Sec. 73. The said Land Commissioner shall not purchase from, or sell commission- 

10 ii-i • • • 1 er not to pur- 

to, the State any land, neither shall he encage in speculations in lands, ebase from or 

. 1. 1 • seU ,0 state 

either on his own account or as agent for other persons or corporations, iands;punish- 

and, upon conviction thereof, for every such offence, shall be fined and ing. 

imprisoued at the discretion of the Court. lb., 277, i 10. 

Commissioners of the Sinking Fund. 

Sec. 74. For the purpose of paying the present indebtedness of the Governor and 
State, aud the interest thereon, and such further indebtedness as may commission- 
hereafter be contracted by the State, the Governor, the Comptroller (See ?3, Chap. 
General and the Attorney General of the State, the Chairman of the ~isto~xiv -- 
Finance Committee of the Senate, and the Chairman of the Committee '' L 
of Ways and Means of the House of Representatives, are hereby consti- 
tuted Commissioners, to be known and designated as "The Commission- 
ers of the Sinking Fund," to receive and manage the incomes and reve- 
nues set apart and applied to the Sinking Fund of the State. 

Sec 75. The Commissioners shall, annually, report to the General commi- 

1 111 ]• ■ r. 1 r.- 1 • T-i 1 i 11 1 1 erlomakean- 

As>embly the condition of the linking h und, and all sales or other nuai reports 
transactions connected therewith ; and all the revenues derived from such sembiy. ' 
sales shall be applied to the extinguishment of the public debt, by in- Ib ->8 3 - 
vesting the same in the public securities of the State. 

Commissioner of Agricultural Statistics. 

Sec 76. That, for the purpose of encouraging, promoting and j'rotect- 9 om *l\ i r 5 . s - i ?'}" 

ing industrial enterprises in this State, and of supplying truthful infor- tural ftatis- 

. . T . .. tics to be ap- 

mation to the people of the United States, and inducing them to bring pointed by 

tbe Governor. 

hither their capital and aid in the development of the resources of South 1868 xiv 11a, 
Carolina, the Governor is authorized to establish a Bureau of Agricultu- ^ 1 ' 
ral Statistics, and to appoint a Commissioner thereof to perform such 
duties as may appertain to the office. 



113 COMMISSIONER OF AGEICrLTtT.AL STATISTICS. 

Du ties. Sec. 77. It shall be the duty of the said Commissioner to collect all 

Ib '' : the information practicable concerning lands, crops, climate, railroads, 

telegraphs, manufactories, water powers, schools, churches, and other in- 
stitutions in the several Counties of the State, and preserve a record of 
the same, in such manner that the facts relating to any locality may be 
promptly communicated to the inquirer. 



lands forsaie 1 ^ ZC- ^ - That the said Commissioner shall be specially charged to as- 

Ac - certain, by advertisement or otherwise, the location of lands for sale, and 

to cause said lands, after having been duly laid off and described, to be 
registered, together with the price demanded and the conditions of pay- 
ment. 

To make pub- Sec. 79. That the said Commissioner shall, by official publications in 
thereof. the journals of the Xorth and West, by correspondence and pamphlets, 

Ib-j § 4. convey this information, describe the lands thus offered for sale, and the 

advantages which this State offers in soil, climate, productions, etc., 
to the industrious and frugal citizen, and, at the same time, invite 
him to bring hither his means, and aid in the promotion of general pros- 
perity. 

To answer in- Sec. 80. That the said Commissioner shall be charged with the duty 

quiries as to . ,. .. , ,. „ ,, „, 

resources of ot answering all communications on the subject ot the resources ot the 

~~ rF 71 State that may be referred to him, and do all in his power to encourage 

the influx of capital and the growth of new enterprise. 

salary. Sec. 81. That the Commissioner shall be paid for his services the 

Clerk salary of fifteen hundred dollars per annum, and be authorized to em- 
ploy a clerk, at a salary not exceeding five hundred dollars per annum ; 
Expenses, the said sums, together with the necessary expenses of the office, such as 
printing, advertising, registry books, postage, stationery, rent, etc., 
to be paid out of any moneys in the Treasury not otherwise appro- 
priated. 

Be ports. Sec. 82. That the said Commissioner shall make a report of his pro- 

ceedings, and a special report on railroads and telegraphs, to the Gov- 
ernor of the State, annually, or as often as he may require. 

To inspect Sec. 83. It shall be the duty of said Commissioner to inspect all iu- 

and Bl report l anc ^ streams that are large enough for migratory fish to ascend, and re- 

i^gfsiature. to P ort to the Legislature, at its next regular session, what obstructions 

'j.e.,187o,xtv 1 are necessary to be removed, and over what natural waterfalls or 

artificial dams it may be expedient for fishways to be constructed, 

and what impurities are allowed to flow into, or are cast into, the streams, 

that are poisonous to fish or destructive to their spawn. 

To repoi-t vio- Sec. 84. It shall be his duty to report to the Solicitors in the respec- 
lSweto Solid- tive Circuits where such offences maybe committed, all parties who may 

be violating the fish laws of the State; and it shall be the duty of such 

Solicitor to prosecute all persons so reported. 



Ib., 3. 



COMMISSIONER OF AGRICULTURAL STATISTICS — FINANCE. 119 

Sec. 85. Said Commissioner is authorized and empowered to visit, at JS^-oj™' 
all times, and inspect any point he may deem necessary for purposes*?^*? 1 ! 
mentioned in Sections 83 and 84 of this Chapter, and is empowered to auce - 
call to his assistance so many persons as he may deem necessary, in case p en aitj- for 
of resistance; and any person refusing to give assistance shall be liable sf/ t uslnstoas " 
to a fine of not less than ten nor more than fifty dollars, to be recovered lb., i. 
in any Court of competent jurisdiction in the State. 

Sec. 86. In the performance of the duties required or authorized bv T ° receive 

"ten cents 

Sections 83, 84 and So of this Chapter, said Commissioner shall receive mileage. 
ten cents per mile for each mile traveled in the discharge of such duties ; Ib- ' ° - 
such expenses to be paid out of any money in the Treasury not otherwise 
appropriated. 

Sec. 87. The Commissioner shall have authority to direct any person ee **?£. ,' ; 
appointed to take the census to call, personally, on the head, or some for 1 m tkm ln " 
member, of each family in the district for which he shall have been ap- is«9, xi\ . 
pointed, and obtain such information as said Commissioner may require. ' 

Sec. 88. The Commissioner shall direct the division of each County, "o.ihectdi- 

i /■■ • i • ■ o i • " vision of 

by the census takers thereot, into convenient districts tor taking the Counties into 

census; and he may require of such census takers any further assistance tricta. 

in the premises as he may desire. IV) -' 5 6 - 



Sec. 89. He shall be authorized to employ clerical service to assist May employ 
him in collating and making the census returns ; such service to be £anee tV. 
paid for out of the contingent fund of his Bureau, but not to exceed ( U "* us re ' 
three hundred dollars. — ib.7~23i, § 9. 

Sec. 90. It shall be the duty of the Commissioner to have prepared To pr0T ia e 
suitable books, blanks and instructions to facilitate the taking of the jforcenau3*tal 
census, and the collection of such statistical information as he may deem kel ' 3 - 
of sufficient importance to the people of the State. He shall imme- censusrenort 
diately report the results of the census registration to the Governor, and ib., iso, § t. 
shall make a collated return of the statistics to the next regular session 
of the General Assembly. 

Matters of Finance. 

Sec 91. All bonds or stocks authorized to be issued by the Legisla- ?£ uniform in 

ture shall be of uniform character in design ; and to secure this result ^^f A f 't 

the Financial Agent in New York shall make all necessary arrangements toarrangeior 

fur the same. same 

istis.xiv,::. G. 

Sec. 92. That all bonds issued shall be signed by the Governor and Bonds t0 be 
countersigned bv the State Treasurer; and all such obligations shall be sipea, by 

o j o whom. 

under the seal of the State. The coupons shall be signed by the State i- -. xiv, 17, J 
Treasurer, and executed in such manner as may be designated by the xi\',k%i i. ' 
Governor. 



120 MATTERS OF FINANCE. 

Agent n to Cl be ^ ECl ®^' That tne Governor, Attorney General and Treasurer are 

appointed. authorized to appoint, under a commission signed by them, some respon- 

Proviso. sible bank or banker, in the city of Xew York, to act as Financial Agent 

186S,xiv,18,js. of the State, to be subject to their direction and control: Provided, That 

the expenses of such Financial Agency shall not exceed the rates paid 

by other States for like services. 

Bonds to be Sec. 94. That the bonds of the State, authorized to be sold, shall be 
ci'a'i A gent, sold at the highest market price by the Financial Agent of the State in 
xiV 1 ^ls l Vi 89 ' *^ e c '^ °^ -^ ew York, and at not less than for a sum to be fixed by the 
Governor, Attorney General and Treasurer ; and they are further 
authorized to pay such sums of money as may be necessary to effect the 
purposes hereof out of any funds of the State not otherwise appro- 
priated. 



Financial Sec. 95. The said Financial Agent is authorized to pledge the bonds 

A g't to pledge ° . 

■bonds as se- of the State, as collateral security for State loans: Provided, That in all 

curitv for 

state" loans, transactions he shall conform to the provisions of the 94th Section of this 

Proviso,. 

lb., 258, 51. Chapter. 

Financial Sec. 96. The said Financial Agent shall make and forward to the 
reports. make Comptroller General of the State a report of his transactions, quarterly, 
~ ib., i 3. which report the Comptroller General shall include with his annual re- 

port to the General Assembly. 

Trust funds Sec. 97. That guardians, trustees, administrators, executors, Probate 
vestea i"i Judges and Clerks of Courts, and all other persons holding funds in 
state bonds. (, rug t f or investment, are authorized to invest the same in bonds of the 
State of South Carolina. And they are hereby relieved from all respon- 
sibility for said investment, except for the safe keeping of the bonds: 
Proviso. Provided, That, as to officers of the Court, there be no order of the Court 
iS70,ziv, 404, directing a different investment. 

No insurance Sec. 98. No company or association which is now organized, or which 
carry onbasi- ma y be hereafter organized in this State, to carry on the business of 
posit of'statti insurance of any kind or kinds, shall proceed further with business or to 
c onfptroiier business (as the case may be) until they have deposited with the Cornp- 
Gtnerai. troller General of this State bonds" or stocks of this State equal to the 



sum of fifty thousand dollars par value for each life insurance company 
or association, and twenty thousand dollars par value for each other in- 
surance company or association. The Comptroller General shall hold 
such bonds or stocks as security for policy holders in said company or 
association ; but, so long as any company or association so depositing 
Collection of s h a ll continue solvent, the Comptroller General may permit such com- 
lb., 304, \ l. pany to collect and receive the interest on such bonds or stocks so depo- 
sited. 



MATTERS OF FINANCE. 121 

Sec. 99. Whenever any insurance company or association is, or shall insurance 

r J companies to 

become, fully organized, and the said company or association have de- he . furnished 
' J ° c j with certifl- 

posited with the Comptroller General the requisite amount of State cat es of de- 
bonds or stocks, it shall become his duty to furnish the corporation or as- i.svo, xiv, m, 
sociation with a certificate of such deposit, which certificate, or a duplicate ' *" 
thereof, certified by the Comptroller General, may be used in and be 
evidence for and against the corporation in all suits. 

Sec. 100. It shall not be lawful for any person or persons, corporation 
or corporations, association or associations, to act within this State as persons or as- 
agent, or otherwise, in receiving or procuring applications for insurance receive appi£ 
of any kind or kinds, or in any manner to solicit any one to insure, or in sui-amfe* until" 
any manner to aid in transacting the business of insurance of any kind ^°en S depoX 

or kinds for any company or association incorporated by, or organized lted - . 

under, the laws of this or any other State Government, or any foreign 
government, until such company or association have deposited with the 
Comptroller General of this State, for the benefit of the policy holders of 
such compan)' or association, citizens or residents of the United States, 
bonds or stocks of this State equal to the sum of fifty thousand dollars 
par value for each life insurance company or association, and twenty 
thousand dollars par value for each other insurance company or associa- 
tion ; but so long as any company or association so depositing shall continue 
solvent, the Comptroller General may permit such company or associa- 
tion to collect and receive the interest on such bonds or stocks so depos- 
ited, and have appointed an attorney in this State on whom process of Attorney for 

rr •> 1 company to 

law can be served; and said attorney shall have filed with the Comp- be appointed. 
troller General a certified copy of the charter of said company or asso- His autjeg, 
ciation, and also a certified copy of the vote or resolutions of the Trus- 
tees or Directors of such company or association appointing him the at- 
torney of such company, which appointment shall continue until another 
attorney be substituted ; which shall be done upon the death, removal, 
or incapacity to act of such attorney, or may be done by such company 
or association at any time. 

Sec. 101. Every violation of the provisions of Sections 98,99 and 100, Penalty for 
of this Chapter, shall subject the company or association, or agent or gg 98, 99, 100. 
agents violating, jointly and severally, to a penalty of five hundred dol- ib.,305, §4. 
lars for each violation, which shall be sued for and recovered in a joint 
or several civil action, in the name of the State of South Carolina, by 
the Solicitor of the Circuit in which the company or association, or agent 
or agents so violating, shall be situated; one-half of such penalty, when 
recovered, shall be paid into the County Treasury of such County, and 
the other half to the informer of such violation; and in case of the non- informer to 
payment of such penalty, the person or persons so offending shall be f penalty re- 
liable to imprisonment for a period not exceeding one year, in the discre- covere • 
tion of the Court having cognizance thereof. 



16 



122 



OF COUNTIES AND THEIR CORPORATE rOWEEP. 



TITLE \I. 



OF COUNTIES AND COUNTY OFFICERS. 



Chapter XVIII. Of Counties and their Corporate Powers. 

XIX. Of Count)/ Commissioners; their Powers and Ditties. 

XX. Of County Sheriff. 
XXI. Of County Coroner. 
XXII. Of Clerk if Court of Common Pleas and General 
s, ssions. 

XXIII. Of Register of Mesne Conveyance. 

XXIV. Of Judge of Probate. 
XXV. Of Trial Justine. 

XXVI. Of Constables. 
XXVII. Of the Census. 



CHAPTER XVIII. 



Of Counties and their Corporate Powers. 



Sec. 

1. Division of State into Counties. 

2. Abbeville County ; locution and boun- 

daries. 

3. Aiken County ; location and bounda- 

ries. 

4. Anderson Couuty ; location and boun- 

daries. 
5 Earn-well County ; location and boun- 
daries. 

6. Beaufort County ; location and boun- 

daries. 

7. Cbarleston County ; location and boun- 

daries. 

8. Cbester County ; location and bounda- 

ries. 
*>. Chesterfield County; location and boun- 
daries. 

10. Clarendon County ; location and boun- 

daries. 

11. Colleton County ; location and bounda- 

ries. 

12. Darlington County : localionand boun- 

daries. 

13. Edgefield County ; location and boun- 

daries. 

11. Fairfield County : locution and boun- 
daries. 

15. Georgetown County; location and 
boundaries. 

id. Greenville County ; locution and boun- 
daries. 

17. Horry County ; location aBd bounda- 

ries. 

18. Kershaw County ; location and bpun- 

daries. 



Sec. 

i'.'. Lancaster County ; location and boun- 
daries. 

20 Laurens County ; location and bounda- 
ries 

21. Lexington County; location and boun- 

daries. 

22. Marion Couuty; location and bounda- 

ries. 

23. Marlborough Couuty ; location and 

boundaries. 

24. Newberry Couuty : location and boun- 

daries. 

25. Oconee County ; location and bounda- 

ries. 

26. Orangeburg County; location and 

boundaries. 

27. Pickens County ; location and bounda- 

ries. 

26 Richland County; location and boun- 
daries. 

29. Spartanburg County; location and 
boundaries. 

SO. Sumter County; location and bounda- 
ries. 

31. Union County ; location and bounda- 

ries 

32. Williamsburg County; location and 

boundaries. 
:>>. York County ; location and boundaries. 

Comities Incorporated— Public Property. 
34. Eaeb County a body politic. 
85. Property or County. 
38. Public officers having cure of public 
buildings may insure Ihe same. 



Division of Section 1. The State of South Carolina is divided into thirty-three 
cm,S. tot ° Judicial Districts, called Counties. 



OF COUNTIES AND THEIR CORPORATE TOWERS. 123 

Sec. 2. The COUNTY OF ABBEVILLE is bounded as follows: Coun £ bevUle 
On the South-west by the Savannah River, by which it is separated from — iv, 661, \ \ ; 
Georgia ; on the North-west by Anderson County, from which it is sepa- 284.' "" ''"'"' 
rated by a line tthe old Indian boundary) drawn from a marked black- 
gum, ou the East bank of the Savannah River, at the foot of Grape 
Shoals, (North 50° East,) to a willow-oak, marked "A. & P.," on the South 
side of Saluda River; ou the North-east by the Saluda River, which 
separates it from Laurens County ; and on the South-east by Edgefield 
County, from which it is divided by a line drawn from a point on Sa- 
luda River, one-fourth of a mile above Island Ford, and running (South 
40° West) nineteen miles and thirty-eight chains, to a point, and thence 
(South 34° West) fourteen miles and sixty chains, or until it inter- 
sects the Savannah River, at the mouth of Little River. 

Sec. 3. AIKEN COUNTY is bounded as follows: On the North- AikenCounty 
west by Edgefield County, from which it is divided by a straight line v,47sJo6'- wj 
commencing at the mouth of Fox's Creek, where it empties into Savan- %$' o,"' ..'<": 
nah River, and running thence to where the South branch of Chiuque- X1V > 6;| °- 
pin Falls Creek, (a tributary of the North Edisto River,) intersects the 
Edgefield and Lexington line; ou the North-east by Lexington County, 
from which it is divided by said creek to where it empties into the North 
Fork of the Edisto River, and by the said North Fork to where the divid- 
ing line between Lexington and Orangeburg Counties (running from 
Big Beaver Creek to the North Fork of the Edisto) touches said river ; 
on the South-east by Orangeburg and Barnwell Counties, from which it 
is divided by a straight line from the last named point to the head of 
Tinker's Creek, in Barnwell County, then by said creek to where it emp- 
ties into the Upper Three Runs, and by said Runs Creek to where it emp- 
ties into the Savannah River ; on the South-west by Georgia, from which 
it is separated by the Savannah River. 

Sec. 4. ANDERSON COUNTY is bounded as follows: On the 
North west and North by Oconee and Pickens Counties, from which it is County. 
divided by a line commencing at the mouth of Cane Creek, ou Tugaloo 289 ia'-^vix! 
River, and running thence to the point where Eighteen Mile Creek is 3Bl ' ' 
crossed by the road leading from Pendleton to Hagood's Store, thence 
to the mouth of George's Creek, on Saluda River; on the North-east 
and East by Greenville County, from which it is separated by the Sa- 
luda River; on the South-east by Abbeville County, from which it is 
divided by a line drawn from a marked black-gum on the East bank of 
the Savannah River, at the foot of Grape Shoals, to a willow oak, 
marked "A. & P.," on the South side of Saluda River; on the South-west 
by the State of Geoi'gia, from which it is separated by the Savannah 
River. 



Sec. 5. BARNWELL COUNTY is bounded as follows: On the 



Barnwell 



i>ii 1 1 
North-west by Aiken County, from which it is divided by a line, begin- County. 

ning at the mouth of Upper Three Runs Creek, where it empties into the wo, 284; ,\i\', 

Savannah River, and running up said creek to the mouth of'Tinker's Creek, 69 °' 



124 OF COUNTIES AND THEIR CORPORATE POWERS. 

thence up said Tinker's. Creek to its head, thence to South Edisto River, 
in the direction of the point on the North Edisto River (mouth of Cedar 
Branch) where the line between Orangeburg and Lexington Counties, 
drawn from Big Beaver Creek, touches said river; on the North-east by 
Orangeburg County, from which it is separated by the South Edisto 
River as far down as Tyler's Ferry ; on the South-east by Colleton aud 
Beaufort Counties, from which it is divided by the old District line, 
stretching from Nelson's Ferry, on the Santcc River, to Matthew's Bluff, 
on Savannah River; and on the South-west by the State of Georgia, 
from which it is separated by the Savannah River. 



Beaufort 



Sec. 6. BEAUFORT COUNTY is bounded as follows : On the 
c "" n '}'- North-east by Colleton County, from which it is separated by St. Helena 

VII 109 3 2 

261, 284. ' "' Sound and the Combahee and Saltkehatchie Rivers; on the North-west 
by Barnwell County, from which it is divided by the old line stretching 
from Nelson's Ferry, on the Santee, to Matthew's Bluff, on the Savannah 
River ; on the West and South-west by the State of Georgia, from which 
it is separated by the Savannah River ; on the South and South-east by 
the Atlantic Ocean, including all the islands along the coast from the 
mouth of the Savannah River to St. Helena Sound. 

Sec. 7. CHARLESTON COUNTY is bounded as follows: On the 
County le8t ° n North-east and North by the Counties of Georgetown, Williamsburg and 
iv.oiB; vii, Clarendon, from which it is separated by the South Santee River, as 
' ' ' high upas Nelson's Ferry ; on the North-west by Orangeburg County, 
from which it is divided by a line drawn from Nelson's Ferry, on the 
Santee River, to Matthew's Bluff, on Savannah River, unfil it strikes the 
Four Hole Swamp; on the West and South-west by Colleton County, 
from which it is divided as follows : a line running from Four Hole 
Swamp to the Four Holes, at Harley's Bridge, thence by a line drawn 
(South 04° East,) to Windsor Hill, thence South-west over to the head 
of Sarnpit Creek, down this creek to Ashley River, thence up Ashley 
River to Ashley Hill, thence Westerly to Stono Swamp, and then down 
this swamp to Stono River, up this river and across through New Cut 
to Wadmalaw River, and down this river to Dawho River, up this river 
and across into Pon Pon or South Edisto, and down this river to the 
ocean ; on the East and South-east by the Atlantic Ocean, including all 
the islands along the coast, from the mouth of South Edisto River to the 
mouth of the South Santee River. 

Sec. 8. CHESTER COUNTY is bounded as follows: On the North 
County. tel by a line beginning at a hickory tree, on the South-west side of the Ca- 
iv, i»i2; v, lawba River, about ten chains above the mouth of Ferrall's Creek, and 
running (nearly South 80° West,) by an old line, called and known by 
the name of the Line of the New Acquisition, to an ash and black-gum, 
on the bank of Broad River, on Robert Elliott's lauds, thence down 
Broad River to the mouth of Sandy River, thence in a direct line to lh<- 
mouth of Rocky Creek, on the Catawba River, thence up to the Ca- 
tawba River, to the place of* beginning. 



OP COUNTIES AND THEIR CORPORATE POWERS. 125 

Sfic. 9. CHESTERFIELD COUNTY is bounded as follows: On c <^? rfleia 

the North by the North Carolina line ; on the East by Marlborough ir,662jTil, 

. , 199 261 284 • 

County, from which it is separated by Great Peedee River; on the xii,7s5.' 
South by Darlington County, from which it is divided by Cedar Creek, 
commencing at its mouth, where it enters into the Great Peedee, and 
up said creek to the head of the Southernmost branch, and thence by a 
direct line (South 51° 45' Westj to the fork of Lynch's Creek; on the 
South-west by Kershaw and Lancaster Counties, from which it is sepa- 
rated by Big Lynch's Creek. 

Sec. 10. CLARENDON COUNTY is bounded as follows: On the clarendon 
North and North-west by Sumter County, from which it is divided by -jy"^', . VII 
the following lines: Beginning at a corner on the East side of Santee ]*>26i; xn, 

° O O 41*), oil, § 1. 

River, and running thence (North 76° East) six hundred and fifty-four 
chains, to a forked pine corner, thence (South 82° East) one hundred 
and four chains to a pine corner, thence (North 76° East) five hundred 
and twenty chains, to a post on the Vance's Ferry Road, thence (North 
77° East) three hundred and sixty-eight chains and fifty links, to a cor- 
ner in Pocotaligo River, thence (North 34° East) one hundred and 
thirty-four chains and fifty links, to a corner, thence (North 55° East) 
six hundred and fifty chains and fifty links, to a corner in Black River, 
thence (North 86$° East) sixty-three chains, to a post on the Salciu 
Road, thence (North 52° East) two hundred chains, to a black-gum cor- 
ner, thence (North 55° East) four hundred and one chains, to a pine 
corner, thence (North 58j° East) one hundred and thirty-five chains, to 
the Eastern side of Dyall's Bay, thence (North 55° East) fifteen chains, 
to Mill Bay, thence (North 57i° East) ninety-four chains, to two sweet- 
gums, thence (North 55° East) four hundred and sixty-six chains and 
eighty links, to a corner on the Western bank of Lynch's Creek, the 
said line being forty-seven and one-half miles and one hundred and sixty 
yards in length ; on the North-east by Darlington County, from which 
it is separated by Lynch's Creek ; on the South-east by Williamsburg 
County, from which it is divided by a line (originally straight, but now 
a little bending where it intersects Black River) beginning at a point on 
Lynch's Creek, nearly a mile and a half below the old Saw Mill Ferry, 
and running (South 22s° West) about forty-three miles, or until it inter- 
sects the Santee River, three-quarters of a mile below Gaillaird's Island ; 
on the South and South-west, by the Santee Rjver, which divides it from 
Charleston and Orangeburg Counties. 

Sec. 11. COLLETON COUNTY is bounded as follows: On the East 
gnd North by Charleston County, from which it is divided as follows : county° llet ° n 
By a line beginning at the mouth of South Edisto River, where it emp- ~vii7~i99, 284. 
ties into the Atlantic Ocean, and following up said river to the Dawho 
River, then by this river to its intersection with the North Edisto (here 
called Wadmalaw), up this river into New Cut, thence through said cut 
into the West branch of Stono River, and thence following the course of 
said branch to its junction with the Stono River, then up the East branch 
of the Stono River, about five miles in a straight line above Rantowle's 



120' OF COUNTIES AND THEIE CORPORATE POWERS. 

Bridge, (near where the line of St. Paul's Parish intersects,) thence by 
a waving line stretching up Stono Swamp, ami over to Ashley Hill, on 
Ashley River, then down this river, to Sam pit Creek, and then up this 
creek to its head, then across the country North-east to Windsor Hill, the 
extreme Southeast corner of the County, then by a straight line drawn 
from Windsor Hill, (North 49° West,) to Four Hole Swamp, three-quar- 
ters of a mile above Four Hole Bridge, near Harley's, then up the Four 
Hole Swamp, about fifteen miles, to the intersection of the line drawn 
from Nelson's Ferry, on Santee River, to Matthew's Bluff, on Savannah 
River; on the North-west by Orangeburg and Barnwell Counties, from 
which it is divided by the old line running (South 53° West,) from Nel- 
son's Ferry to Matthew's Bluff, to where it intersects the Big Saltke- 
hatchie River, about two miles and a half above Broxbam's Ford ; on 
the South-west by Beaufort County, from which it is separated by the 
Saltkehatchie and Com bah ee Rivers and St. Helena Sound. 

^ Darlington Sec. 12. DARLINGTON COUNTY is bounded as follms: On the 

I V 662- Y iT North-east by a line beginning at the. mouth of Cedar Creek, thence down 
\ i'i rail' "**' *" ne Great Peedee to the old District line, thence along said line to Lynch's 
Creek, thence up the said creek to the fork, (mouth of Little Lynch's 
Creek,) thence by direct line (North 51° 45' East) to the head of the 
southernmost branch of Cedar Creek, thence down said creek to its 
mouth, the place of beginning. 

Sec. 13. EDGEFIELD COUNTY is bounded as follows: On the 
County? South-west by the Savannah River, by which it is separated from Geor- 

i IV ' vii' im §' a; on tne North-west by a line drawn from the mouth of Little River 
2Si; xiVj Cflo. (North 34° East) fourteen miles and sixty chains, to a point, and thence 
(North 40° East) nineteen miles and thirty-eight, chains, or until it inter- 
sects Saluda River at a point cne-fourth of a mile above Island Ford ; 
on the North-east by Newberry County, from which it is separated by 
the Saluda River; on the South-east by Lexington and Aiken Counties, 
from which it is divided by a line drawn from Rocky Creek, on Saluda 
River, in the direction of Silver Bluff, on Savannah River, to where such 
line intersects the South branch of Chinquepin Falls Creek, (a tributary 
of the North Edisto River,) and thence to the mouth of Fox's Creek, 
where it intersects the Savannah River. 

Sec. 14. FAIRFIELD* COUNTY is bounded as follows: On the 
county!"" 1 ' North by Chester County, from which it is divided by a line running 
., I v '' ; ' ; - ; ,Y,' from the mouth of Rocky Creek, on the Catawba River, to the mouth of 
284. Sandy River on Broad River; on the West and South-west by Broad 

River, by which it is separated from the Counties of Union, Newberry 
and Lexington; on the South by Richland County, from which it is 
divided by Little River, from its ruouth up to a point about a half mile 
above the plantation of Mr. Shaffer, (one mile above the mouth of Shaf- 
fer's Creek, I and a line running from thence in a direct course to the Round 
Top, mar Dohertie's Mill: on the East by the Comities of Kershaw and 
Lancaster, from which it is divided by a line drawn from the la.-t men- 






OF COUNTIES AND THEIR CORPORATE TOWERS. 127 

tioned point, Round Top, (North 18° 15' East,) fourteen miles and 
twenty-three chains, to the intersection of Wateree River, where Cornel's 
Creek enters it, thence up the Wateree and Catawba Rivers as high as 
the mouth of Rocky Creek. 

Sec. 15. GEORGETOWN COUNTY is bounded as follows: On the Georgetown 
' North and North-east by Marion and Horry Counties, from which it is °°° ^. Y 
separated as follows: From Marion County by the Great Pecdee River *J£i ,*J 8 ; y n, 
from Britton's Ford to its junction with the Little Peedee River; from 
Horry County by the Great Peedee River, from its junction with the 
Little Peedee to its junction with Bull Creek, and thence by said Creek 
to Wa camaw River, and thence by said river down to a point about 
half a mile below Prince's Creek, and thence, by a line running (North 
862° East) five miles and sixty -seven chains, or to a cedar post on the 
sea shore, planted at low water mark; on the South-east by the At- 
lantic Ocean, including all the islands between the last mentioned cedar 
post and the mouth of South Sautee River; on the South and South-west 
by the County of Charleston, from which it is separated by the South 
Sautee and Santee Rivers as far up as Leneud's Ferry; on the West and 
North-west by Williamsburg County, from which it is divided by the 
main road leading from Leneud's Ferry, on the Santee River, across Po- 
tato Ferry, (on Black River,) to Britton's Ferry, on the Great Peedee. 

Sec. 16. GREENVILLE COUNTY is bounded as follows: On the Gl . ee nvme 
North by the North Carolina line; on the East and South-east by Spar- 5° U "JZ: 

VII, '2J5, '2S4. 

tanburg and Laurens Counties, from which it is divided as follows : From 
Spartanburg County, by a line commencing on the North Carolina line, 
at a stone marked "S. O," on the East side of Blackstock road, near the 
Tryon Mountain, aud running (South 2° East,) twenty-two miles and 
sixty-four chains, or until it intersects the Enoree River, at Abner's Mill, 
thence down the Enoree River, to a point about one mile aud three- 
quarters below Anderson's Bridge, (the corner of Greenville and Laurens 
Counties) ; from Laurens County, by a line commencing at said point, 
(opposite Zadock's Ford,) and running (South 17° West,) eleven miles 
and sixty chains, to a point, thence (South 4° East) three miles and 
forty-five chains, to a water oak, marked "L. G.," on Reedy River, 
thence running to the mouth of Line Creek, where it enters the Saluda 
River ; on the West by Anderson and Pickens Counties, from which it 
is separated by the Saluda River. 

Sec. 17. HORRY COUNTY is bounded as follows : On the South- 
east by the Atlantic Ocean, a line of thirty-one miles ; on the North-east — , y r 663 . y - 
by the North Carolina line, beginning at a cedar stake (marked with nine 407, 5M. 
notches) on the sea shore of Goat Island, about one and a quarter miles 
East of the mouth of Little River, and running from thence until it 
intersects Lumber River, (about five and a fourth miles to the East of 
Newson's Ferry) ; on the West and South-west by Marion and George- - 
town Counties, from which it is separated as follows : By Lumber River 
to Little Peedee River, thence by Little Peedee River to its junction 



121S OV COUNTIES AND THEIR CORPORATE POWERS. 

with Great Peedee River, thence by Great Peedee River to its junction 
with Bull Creek, thence by said creek to the Waccamaw River, and down 
this river to a point about half a mile below Prince's Creek ; and thence 
by a line running over to a cedar post on the sea shore, (North 8Gi° 
East,) five miles and sixty-seven chains. 

Kershaw Sec. 18. KERSHAW COUNTY is bounded on the South-east by 
v"",^' — wr Sumter County, from which it is divided by a line beginning at Spivey's 
69 ;' vi'i,' 270', Ferry, on Lynch's Creek, and extending (South 45° West,) about twenty- 
four miles, or until it intersects the Salisbury Road, in Col. D. Stark's 
plantation ; from thence, (South 8-4° West,) about one mile, to Big Swift 
Creek, opposite to Raglin's Gut ; and thence by this gut to Wateree 
River ; on the South-west by Richland County, from which it is divided 
by a line beginning at the Wateree River, opposite to the last mentioned 
point, and running (South t>6° West,) or by Raglin's Creek, to Spears's 
Creek; thence up Raglin's Creek to its head; thence by a straight line 
(North 401° West) ten miles seventeen chains; thence (North 56£° 
West) one mile fourteen chains, to a point over Rice Creek, on Peay's 
plantation, nearly half a mile above the fork of Twenty-five Mile Creek ; 
on the West by Fairfield County, from which it is separated by a line 
drawn from the last mentioned point, (North 181° East) twenty-three 
miles fourteen chains, or until it intersects the Wateree River, and up the 
said river half a mile above Peay's Ferry; on the North-west and North 
by Lancaster County, from which it is divided by the following lines: 
Beginning at the Wateree River, half a mile above Peay's Ferry, and 
running (North 47° East) nine miles thirty-seven and a half chains ; 
thence (North 47° East) forty-seven chains, to the Beaver Creek Road ; 
thence (North 72}° East) seventy and a half chains; thence (North 
48° East) two miles sixty-three chains, or until it intersects Big Lynch's 
Creek, about ten chains above Harrison's Ford; on the North-east by 
Chesterfield and Darlington Counties, from which it is separated by Big 
Lynch's Creek down to the place of beginning. 

Sec. 19. LANCASTER COUNTY is bounded as follows: On the 

Lancaster , . 

County. North by the North Carolina line; on the West by the Catawba River, 

2i« V 'fiOT'?' vi' to the intersection of the North Carolina line, which separates it from 

«9; VII, 284. t | ie Counties of York, Chester and Fairfield ; on the South by Kershaw 

County, from which it is divided by a line beginning at a point on the 

Wateree River, half a mile above Peay's Ferry, and running (North 47° 

East) six miles and thirty-seven and a half chains; thence (North 74° 

East) forty-seven chains, thence (North 72 1 ° East) twenty chains and 

thirty links, thence (North 48° East) sixty-three chains, to where the 

Rocky River crosses the Hanging Rock Creek, thence South, following 

the Road to Camden, down to a point opposite to Miller's House, or at 

the head of a branch of Hanging Rock Creek, thence (North 621° East) 

fourteen and a half miles, or until it intersects Big Lynch's Creek, at 

Hamson's Ford; on the East by Chesterfield County, from which it is 

separated by Big Lynch's Creek. 



OF COUNTIES AND THEIR CORPORATE TOWERS. 129 

Sec. 20. LAURENS COUNTY is bounded as follows: On the Count ^ uren3 
South-west by the Saluda River, by which it is separated from Abbeville iv,6ei: v,_--o, 
County; on the North-west by Greenville County, from which it is di- 
vided bv a line commencing at the mouth of Line Creek, where it enters 
the Saluda River, and running five miles and forty -five chains to a 
water-oak, marked " L. G.," on Reedy River, thence (North 4° West) 
three miles and forty-five chains, to a point, thence (North 17° East) 
eleven miles and sixty chains, to the ford on Enoree River, opposite Za- 
dock's Ford; on the North-east by the Enoree River, which separates it 
from Spartanburg and Union Counties ; on the South-east by Newberry 
County, from which it is divided by the old road leading from Odel's 
Ford, on the Enoree River, to Island Ford, on the Saluda River. 

Sec. 21. LEXINGTON COUNTY is bounded as follows : On the Lexington 
North and North-east by Fairfield and Richland Counties, from which it ° n ° t ^_ 

1 V ■ DO** 1 V j 4^ '_ T 

is separated by the Broad and Congaree Rivers ; on the South-east by 50i ; ; Vl 463; 
Orangeburg County, from which it is divided by Beaver Creek, from its XIT,695. 
mouth to the head of its main branch, and then by a direct line to the 
mouth of the Cedar Pond Branch, on the North Fork of Edisto River; 
on the South-west by Aiken County, from which it is separated by the 
North Fork of Edisto River, to the mouth of the South Branch of Chin- 
quepin Falls Creek, and then by said creek to a point where it intersects 
the line drawn from Silver Bluff, on the Savannah River, to the mouth 
of Rocky Creek, at Saluda River ; on the North-west by Edgefield and 
Newberry Counties, from which it is divided by a line drawn from Sil- 
ver Bluff, on Savannah River, to the mouth of Rocky Creek, on Saluda 
River, and thence, on the same course, to Broad River. 

Sec. 22. MARION COUNTY is bounded as follows: On the North- Marion coun- 
east by North Carolina, beginning at Lumber River, at the North-west i v 663- vn 
corner of Horry County, and running (North 47 i° West) thirty-one ^'j ^'^g 61 ' 
miles and thirty chains, to a point designated by a dead pine tree, near 
McJensie's house, half a mile South and South-east from the road lead- 
ing from the Red Bluff, (on Green Swamp,) in Marlborough County ; on 
the North-west by Marlborough and Darlington Counties, from which it 
is separated by a line beginning at the said pine tree on the North Caro- 
lina line, and running (South 221° West) to Lynch's Creek, opposite to 
the same line continued, dividing Williamsburg County from Clarendon 
County; on the South-west and South by Williamsburg and Georgetown 
Counties, from which it is divided by Lynch's Creek and Great Peedee 
River ; on the East by Horry County, from which it is separated by 
Little Peedee and Lumber Rivers. 



Sec. 23. MARLBOROUGH COUNTY is bounded as follows : On Marlboro 
the North-east and North by the North Carolina line; on the South-west ^ — 6f , ', YII 
by the Great Peedee River, which separates it from the Counties of 19i1 > 284 - 
Chesterfield and Darlington ; and on the South-east by Marion County, 
from which it is divided by a line drawn from a dead pine, on the 
North Carolina line, (South 22J° West,) twenty-four and three-fourths 
miles, until it intersects the Great Peedee River. 
17 



130 OF COUNTIES AND THEIR CORPORATE POWERS. 

couaty Wberry Sec - 24 - NEWBERRY COUNTY is bounded as follows: On the 
IV, 661: VII, North-west By Laurens County, from which it is divided by a line, be- 

ginning at the Inland Ford, on Saluda River, and running thence along 

the old road to Odel's Ford, ou Enoree River ; and on the North by a 
line commencing at Odel's Ford, on Enoree River, and running thence 
down Enoree to Anderson's Ford, thence along the road to Hill's Ford, 
on Tyger River, thence down the same to the mouth, thence down Broad 
River to Hughey's Ferry, by which it is separated from Fairfield 
County ; and on the South-east by a straight line drawn from Hughey's 
Ferry, formerly Ruff's, (South 17 |° West,) sixteen miles and twenty-three 
chains, or until it intersects the Saluda River, opposite Rocky Creek, and 
thence up the Saluda River to the place of beginning. 

Oconee Coun- Sec. 25. OCONEE COUNTY is bounded as follows: On the North 
i 106- vi 39 ^y the North Carolina line; ou the East by Pickens County, from which 
Art l 4 ?'3. Uou ' it i s divided by a line, covering the Southern boundary of the State of 
North Carolina, where the White Water River enters this State, and 
thence down the centre of said river, by whatever names known, to 
Ravenel's Bridge, on Seneca River, and thence along the centre of the 
road leading to Pendleton village, until it intersects the line of the 
County of Anderson; on the South by Anderson County, from which 
it is divided by a, line commencing at the mouth of Cane Creek, on 
Tugaloo River, and running thence to the point where Eighteen 
Mile Creek is crossed by the road leading from Pendleton to Hagood's 
Store, and thence to the mouth of George's Creek, on the Saluda River; 
on the West and North-west by the State of Georgia, from which it is 
separated by the Tugaloo and Chatooga Rivers. 

Orangeburg Sec. 26. ORANGEBURG COUNTY is bounded as follows: On the 
County. North and North-east by Richland and Clarendon Counties, from which 

V 407; VII 199 

261, 281; xivj it is separated by the Congaree and Santee Rivers ; on the South-east by 
Charleston and Colleton Counties, from which it is divided by a line 
drawn (South 52° West) from Nelson's Ferry, on the Santee River, to 
Matthew's Bluff, on the Savannah River ; on the South-west by Barn- 
well County, from which it is separated by the South Edisto River ; on 
the North-west by Aiken and Lexington Counties, from which it is 
divided by a direct line drawn from the head of Tinker's Creek, in 
Barnwell County, to the point where the Cedar Pond Branch empties 
into the North Fork of the Edisto, and by another direct line, drawn 
from said point where the Cedar Pond Branch empties into the North 
Fork of the Edisto, to the head waters of the main branch of Beaver 
Creek, thence down said creek to its junction with the Congaree River. 

Pickenscoun- Sec. 27. PICKENS COUNTY is bounded as follows: On the North 

i Y 'i96- vi 39 ky the North Carolina line ; on the East by Greenville County, from which 

289, 841; Vlij it is separated by the Saluda River; on the South by Anderson County, 

from which it is divided by a line beginning at the mouth of Cane Cra k, 

on the Tugaloo River, and thence running to the point where Eighteen 

Mile Creek is crossed by the road leading from Pendleton to Hagood's 



OF COt'XTIES AND THEIR CORPORATE POWERS. 131 

Store, and thence to the mouth of George's Creek, on the Saluda River; 
on the West by Oconee County, from which it is divided By a line leav- 
ing the Southern boundary of the State of North Carolina, where the 
White Water River enters this State, and thence down the centre of said 
river, by whatever names known, to Ravenel's Bridge, on Seneca River, 
and thence along the centre of the road leading to Pendleton village un- 
til it intersects the line of the County of Anderson. 

Sec. 28. RICHLAND COUNTY is bounded as follows: On the East Richland 

County. 
by Sumter County, from which it is separated by the Wateree River; on iv, mi; vn, 

the North by Kershaw and Fairfield Counties, from which it is divided by i^' * "' v ' ~ 19 ' 
a line beginning at the mouth of Raglin's Creek, where it empties into the 
Wateree River, and thence up Raglin's Gut and Creek to its source, 
thence by a straight line, (North 50 D West,) twelve miles and sixteen 
chains, to a point designating the corner of Kershaw and Fairfield Coun- 
ties, (which lines form the boundary of Kershaw County,) thence by a 
straight line drawn (North 88 D West,) seventeen miles and forty chains, 
to the intersection of Little River, about one mile above the mouth of 
Shaver's Creek, and down said river to its junction with Broad River, 
(which separates it from Fairfield) ; on the West and South by the Coun- 
ties of Lexington and Orangeburg, from which it is separated by the 
Broad and Congaree Rivers. 

Sec. 29. SPARTANBURG COUNTY is bounded as follows : On the spartanhm-g 
North by the North Carolina line; on the West by Greenville County, jy — ml . TII 
from which it is divided by a line commencing on the North Carolina iy ' 
line, at a stone marked "S. C," on the East side of Blackstock's Road, 
near the Tryon Mountain, and running (South 2° East,) twenty two 
miles and sixty-four chains, or until it intersects the Euoree River, at 
Abner's Mill, on said river, thence down the Enoree River, to a point 
about one mile and three quarters below Anderson's Bridge, (the corner 
of Greenville and Laurens Counties) ; on the South-west by the Enoree 
River, down to a dead Spanish oak, (below Head's Ford, and a little 
above the mouth of a small creek,) which divides it from Laurens 
County; on the South-east by Union County, from which it is divided by 
the following lines : Beginning at the dead Spanish oak, on the North 
side of Enoree River, and running (North 12 D East,) three miles and 
twenty-six chains, thence i North 17° East, i two miles and twenty-eight 
chains; thence (North 6 eleven miles and fifteen chains, crossing 

Tyger River, to Fair Forest Creek, thence (North 33° 45' East,) six miles 
and thirty-seven chains, to Paeolet River, a little below Gist's Mill, thence 
i N >rth 29° East,) fourteen miles and four chains, to a point on the West 
bank of Broad River, a little above the mouth of Cherokee Creek; and 
on the North-east by Broad River, up to the North Carolina line, the 
point of beginning, which divides it from York County. 

Sec. 30. SUMTER COUNTY is bounded as follow* : On the North- Sumter conn- 
east by Darliugton County, from which it is separated by Lynch's Creek ; ^ u 41( . , v 
on the South-east by Clarendon County, from which it is divided by the vn > -"' 
following lines: (See North-west line of Clarendon County;) on the 



132 OF COUNTIES AND THEIR CORPORATE POWERS. 

West by the Santee and Wateree Rivers, which separate it from Orange- 
burg and Richland Counties; on the North-west by Kershaw County, 
from which it is divided by a line running up Raglin's Gut to Big Swift 
Creek ; thence (North 84° East,) over the road leading to Statesburg, 
and thence (North 84° East,) twenty-four miles, or until it intersects 
Lynch 's Creek, at Spivey's Ferry. 

union coun- Sec. 31. UNION COUNTY is bounded as follows: On the North- 
t v m". yti 284 eas *' ky Broad River, which separates it from York, Chester and Fair- 
field Counties; on the North-west by Spartanburg, from which it is 
divided by the following lines: Beginning at a point on Broad River, 
one-half mile above the mouth of Cherokee Creek, and running thence 
(South 29° West,) to Pacolet River; thence (South 331° West,) to the 
intersection of Fair Forest Creek ; thence (South 6J° West) across the 
Tyger River to Hackett's Creek; thence (South 17° West,) two miles 
twenty-eight chains, to the Cross Keys Road; thence (South 12° West.) 
to a dead Spanish oak, on the North bank of the Enoree River, a little 
above Musgrove's Ford, opposite Gordon's Mills; on the South-west by 
Laurens and Newberry Counties, from which it is divided by the Enoree 
River, down to Avery's Ford ; thence by the road to Crenshaw's Ford, 
on the Tyger River, and thence down said river to its junction with the 
Broad River, which forms its South-east boundary. 



Williams- 



Sec. 32. WILLIAMSBURG COUNTY is bounded as follows: On 
burg county, ^he South-west by Charleston County, from which it is separated by the 

TV M(i^* V 4-07* 

vi'i, 199, 261. ' Santee River; on the North-west by Clarendon and Darlington Coun- 
ties, from which it is divided by a line commencing at a point on the 
Santee River, extended across into Charleston County, (South 22 i ° 
West,) until it intersects the line dividing St. Stephen's and St. John's 
Berkley at the Santee River, thence (North 22 j ° East,) — with very 
little variation at Black River — to Big Lynch's Creek, at a point one 
mile and a quarter below the old Saw Mill Ferry, and opposite to the 
same line continued to the North-east boundary of the State; on the 
North-east by Lynch's Creek and Great Peedee River, which separates 
it from Marion County; on the South-east by Georgetown County, from 
which it is divided by the road leading from Briiton's and Bradley's 
Ferry, on the Great Peedee River, to Leneud's Ferry, on the Santee 
River. 



X, 1.5.:: 1 V , 002: 

V,318jVII,2M. 



York county. Sec - 33 - YORK COUNTY is bounded as follows : On the North by the 
1^ i3'2;~|y ( «62; North Carolina line; on the West by the Counties of Spartanburg and 
Union, from which it is separated by Broad River; on the South by 
Chester County, from which it is divided by a line beginning at a hick- 
ory tree, on the South-west side of the Catawba River, about ten chains 
above the mouth of Ferrill's Creek, and running (nearly South 88 s 
West,) by an old line called and known by the name of the Line of the 
New Acquisition, to an ash and black-gum on the bank of Broad River, 
on Robert Elliott's land; on the East by the County of Lancaster and 
the North Carolina line, from which it is separated by the Catawba 
River. 



OF COUNTY COMMISSIONERS. 

Counties Incorporated — Public Property. 



133 



Sec. 34. Each County shall bo a body politic and corporate for the Each county 
following purposes : To sue and be sued ; purchase and hold, for the use fL-gi^ P° 1 '"• 
of the County, personal estate and land lying within its own limits; and §35.' 
to make necessary contracts and do necessary acts in relation to the 
property and concerns of the County. 



Sec. 35. Real and personal estate heretofore conveyed by any form Property of 
of conveyance to the inhabitants of a County or district, to a Committee -'^j- ° u " y " — 
or Commissioners or other persons, or existing in a County or district for 
the use and benefit of a County or district, shall be deemed to be the 
property of such County ; and such conveyance shall have the same 
force and effect as if made to such County by its corporate name. 

Sec. 36. The public officers haying by law the care and custody of Public offl- 

. , cers may in. 

town, village, city or County buildings, are authorized to insure the same sur e, _ 
at the expense and for the benefit of the town, village, city or County Ib ->§ 32 - 
owning the same. 



CHAPTER XIX. 



Of County Commissioners; their Powers and Duties. 



Sec. 

1. Jurisdiction of County Commissioners. 

2. County Commissioners to be chosen ; 

when. 

3. To he sworn, and choose a Chairman. 

4. Whole Board to meet ; Clerk to coun- 

tersign checks. 

5. Powers of Chairman. 

G. Commissioners shall hold annual and 
special meetings. 

7. Punish contempts. 

8. Officers to serve processes. 

9. Powers of Board. To settle accounts ; 

not to draw orders until after 
monthly return of Treasurer; or 
purchase orders on Treasurer ; to 
raise money for building bridges; 
to apportion taxes ; to raise money 
for public buildings ; to have work 
done by contract, and advertise for 
proposals ; amount to be limited. 

10. Taxes to be assessed upon last State 

valuation ; tax bill; collections. 

11. Commissioners have power to pur- 

chase real estate ; to fix sites of 
buildings: to borrow money; pro- 
viso; to sell or lease ; to make orders 
concerning property of County : to 
approve bonds; County officers to 
make reports to, when required ; 
punishable for refusal to make re- 
ports; to appoint Special Commis- 
sioners ; to divide Counties into 
highway distr'cis; to appoint Sur- 
veyors of Highways, &c. 

12. To assess tax annually for repair of 

highways and bridges, to be col- | 
lected by Highway Surveyors. 



Sec. 

13. Compensation of Special Commission- 
ers ; decisions may be reviewed ; 
roads may be opened and worked. 

11. Special meetings. 

15. Resolutions of Boards of County Com- 

missionersto be recorded. 

16. Clerk ; duties; oath ; salary. 

17. Copies of papers shall be "evidence in 

Courts. 
IS. Boards of County Commissioners may 
adopt a seal. 

19. Auditing accounts ; proviso. 

20. Accounts to be numbered and entered. 

21. County to pay certain fees of Magis- 

trates. 

22. Subpoena fees. 

23. Notice of meetings to be published ; 

accounts to be presented. 

24. Books and records open. 

25. Fiscal year ; when accounts must be 

presented. 

26. Clerk to designate accounts ; copies. 

27. Clerks to make out statements. State- 

ments to be published. 

28. Publication of accounts audited. 

29. Each County to pay jurors : witnesses ; 

^ost mortem examinations; for diet- 
ing and keeping prisoners : Solici- 
tors ; Clerks ; Coroners ; accounts to 
be sworn to, and examined and cer- 
tified to by Circuit Jui Ige. 

30. Accounts not to be paid in certain 

casi--. 

31. Compensation of Commissioners ; pro- 

vi-o. 

32. No extra allowance. Penalty for mak- 



134 



OF COUNTY COMMISSIONERS. 



Sec. 

33. Penalty for refusal to perform duty. 

34. Annual estimates to be transmitted to 

Comptroller General. 

35. Term of office. Vacancies. 

36. County Commissioners to furnish 

County Auditor and Treasurer office 
room . 

37. County Commissioners to provide 

medical aid for indigent sick. 



Seo. 

3S. County Commissioners to provide hos- 
pital accommodations ; eounty Com- 
missioners of Charleston County to 
build a hospital and appoint a phy- 
sician ; physician's fees. 

39. To provide rooms for Courts and 

officers, when. 

40. To report to General Assembly an- 

nually ; penalty. 



Jurisdiction Section 1. That County Commissioners, elected in pursuance of Sec- 
commission- tion 19 of Article IV of the Constitution, shall have jurisdiction over 
lve -' Xiv i«j roads, highways, ferries, bridges, and in all matters relating to taxes and 
V> Rich 300 disbursements of money for County purposes, and in every other case 

that may be necessary to the internal improvement and local concerns in 

their respective Counties. 

county com- Sec. 2. There shall be an election held on the third Wednesday of 

missioners to . . , -,-... , , • , , , , i "i 

lie chosen— October, Anno Domini one thousand eight hundred and seventy-two, and 
lbl0 X1V 33S on the same day every second year thereafter, for the election of three 
County Commissioners in each County. 



County Commissioners, before entering upon their duties, shall 

after their election, shall choose a 



To be sworn SEC. 
ami to choose , 

a chairman, be sworn, and, at their first meetin 
i«63, xiv, 12-, Chairman of their Board. 

8 *• 



whole Board Sec. 4. That all the Board of County Commissioners shall be present 
to me cVunter- for the transaction of business, and shall audit and sign all bills and 
" jf j 1 l^f;' checks. The checks shall, in all cases, be countersigned by the Clerk 

11-71, XIV, 662, ° J 

83. of the Board. 



Powers of 
chairman. 

166 , XIV, 129, 



Sec. 5. Every Chairman shall have power to administer an oath to 
any person, concerning any matter submitted to the Board, or connected 
with their powers or duties. 



Commission- Sec 6. The County Commissioners of the several Counties of this State 

ers shall hold , . •/-,■'/» i i> «, 

annual ami shall meet, annually, in their respective Counties, for the dispatch of busi- 

special meet- . . , ,, . , ,. ... . , 

ings. ness; they may also hold special meetings at such times and places as 

lb., § d. they may find convenient, and shall have power to adjourn from time 

to time, as they may deem necessary. 



Punish con 
tempts. 

lb. § 7. 



Sec. 7. County Commissioners, when assembled for the performance of 
their duties, may punish disorderly conduct causing interruption to the 
business of their meetings or amounting to an open and direct contempt 
of their authority or persons, by fine not exceeding ten dollars, or by 
confinement, in the custody of the Sheriff or a Deputy Sheriff, Coroner 
or a Constable, for a time not exceeding twelve hours. 



Officers to Sec. 8. Sheriffs, Deputy Sheriffs, Coroners and Constables shall serve 
process- an( j exeeute a ]j j,,,,.,) ,„.,],. ,. g> warran t s or processes to them directed by 
ib., 1 8. the County Commissioners. 



OF COUNTY COMMISSIONERS. 135 

Sec. 9. The Board of County Commissioners of each County in the tJi p S wei rt of 
State shall have power, at their annual meeting: • 

1. To examine, settle, and allow all accounts chargeable against such To settle ac- 
County, and draw orders on the County Treasurer for the same ; but the 

County Commissioners shall not draw any order upon the County Treas- 
urer until after the monthly return of the Treasurer shall have been 
made to the County Commissioners of the amount of funds collected, 
nor unless he has the funds in the Treasury to pay the same. And the 
County Commissioners shall inform the County Treasurer of the orders Nottodraw 

J • orders until 

drawn, in whose favor, the amount, and the order in which they are nionthh- re- 

iiiii/-. A • ■ tum ot Tleas - 

drawn. And should the Count}' Commissioners, or any one of them, urer, nor to 

-ii n m purchase or- 

purchase, directly or indirectly, any order drawn upon the County Treas- aerson Treas- 
urer, for less than its face value, they shall be deemed guilty of a misde- ip. a io- 1871 
meanor in office, and, upon conviction thereof, shall be punished by fine xn > ' - 
or imprisonment in the discretion of the Court by any Court of compe- 
tent jurisdiction. 

2. To cause to be levied, collected, and paid to the Treasurer of the To raise mo- 
County such sum of money as may be necessary to construct bridges ing t>ri & 
therein, and to prescribe upon what plan, and in what manner, the 

moneys so to be raised shall be expended. 

3. To apportion the tax so to be raised among the several towns and To apportion 
■wards of their County, as shall seem to them to be equitable and just. 

4. To cause to be levied, collected, and paid, all such sums of money as To raise 
, , ,, , P , .,,. • • i i money for 

they shall deem necessary tor rebuilding or repairing the court house or public build- 

jail of their County, or for building, rebuilding, or repairing the Clerk's gee 1827 yi • 
office for the County, and to prescribe upon what plan, and in what man- : Al < XI ' loj - 
ner, money so raised shall be expendedj and all work given out by the 
County Commissioners, when the amount shall exceed the sum of one WO rt aoaeby 
hundred dollars, shall be done by contract; and the Commissioners are advertise a for 
hereby required to advertise the same, at least in one of the papers of p ~^' 1 .'' 
the County, and also post the same in three conspicuous places in the j -'• ' 
County, for thirty days, inviting proposals ; said proposals shall, in all 
cases, be accompanied by two or more sufficient sureties; and the County 
Commissioners shall have the right to reject any or all bids, if, in their 
judgment, the interests of the County so require. 

5. To cause to be raised by tax upon such County, any sum of money, To , laiae 

J l j' j j> money by tux, 

not to exceed the sum of five thousand dollars in any one year, for the &c - 
purpose mentioned in the first and second sub-divisions of Section 11 of 
this Chapter. 

Sec. 10. The County Commissioners shall assess all taxes for County Taxes to be 
purposes upon the then last State valuation ; and for this purpose shall, the last State 
on or before the first day of January in each year, obtain from the An- ^-,-^ "°"' .>-. 
ditor of the County (who is authorized and required to furnish the same) ! 3 - 
a certified copy of the County duplicate, and shall, on or before the fif- 
teenth day of January thereafter, pursuant to authority given by the 
General Assembly, make out and deliver to the County Treasurer, with 



136 OF COUNTY COMMISSIONERS. 

their warrant to collect, a tax bill for County purposes. Said tax bill 
lections. "°" and warrant shall be signed by the County Commissioners, or a majority 
of them, sealed with their seal, and certified to by their clerk. Said tax 
bill and warrant shall be the Treasurer's sufficient authority, and he 
shall proceed thereon to collect the taxes therein laid in the same man- 
ner as provided by law for the collection of State taxes. 

commission- Sec. 11. The Boards of County Commissioners shall have power, and 

ers have pow- , . . . 

er— _ they are authorized, at any meeting thereof lawfully assembled : 

1868, 130, I 14. 

To purchase ^- ^0 purchase for the use of their respective Counties any real estate 
real estate. necessary for the erection of buildings and for the support of the poor of 
such County. 

of buur sites 2. To fix upon and determine the site of any such buildings, and cause 
to be erected necessary buildings for poor houses, and prescribe the man- 
ner of erecting the same. 

To borrow 3. To borrow money for the use of such County, to be expended for 
the purchase of any real estate, or for the erection of any such buildings, 
and to provide for the payment thereof, with interest, by tax upon such 
County, within ten years from the date of such loan, in yearly install- 

Proviso. ments or otherwise: Provided, That no such loan shall be created by 
the County Commissioners until they notify the General Assembly of 
the necessity thereof, and authority be granted to them to create said 
loan. 

To sell or 4. To authorize the sale or leasing of any real estate belonging to such 
County, and to prescribe the mode in which any conveyance shall be 
made. 

To make or- 5. To make such orders concerning the corporate property of the 

dera concern- „ , . ,. 

ing property, County as they may deem expedient. 

&c. 

To approve 6. To examine, approve or disapprove the official bonds of all County 

bonils. a, 

officers. 

County offi- 7. To require any County officer whose salary is paid by the County to 
reports To^ ma ke report, under oath, to them, on any subject or matter connected 
when. -with the duties of their offices ; and the said officers are required to make 

such report whenever called ujion by resolution of such Board ; and if 
Punishable any officer shall neglect or refuse to make such report, he shall be 
make reports, deemed guilty of a misdemeanor, and punishable by fine or imprison- 
ment, within the discretion of the Circuit Court. 

To appoint 8. To appoint Special Commissioners to lay out public highways in 
m'i , "ioner ; s 0m " those cases where they shall be satisfied that the road applied for is im- 
portant. 

To divide 
highway \iis- 9. To divide their Counties into highway districts, each district to con- 
it-:'i xiv 666 ,:im not ' ( ' ss tnan ten m 'l es of public highways, nor more than forty 
i l - miles, to be convenient for repairing highways, and may, from time to 

time, alter the same. 



OF COUNTY COMMISSIONERS. 137 

10. To appoint for each highway district a Surveyor of Highways, to n n ^ e a >poln f 
superintend the expenditure of the highway tax and money appropriated Highways, Ac 
lor improvement of highways in his district, and to take charge of and 
keep in repair, at all times, the highways in his district. Said Surveyor 
of Highways shall be removable at pleasure. 

Sec. 12. That the County Commissioners of each County shall, on or _, 

J J To assess tax 

previous to the first day of January, assess a tax of eighteen cents, if so annually for 

r J " . repair high- 

much be necessary, on every hundred dollars of the lists of the County, ways and 

i\ ■ ■ • . ■ , t i ■ i , • i • bridges, to be 

tor the purpose of keeping in repair highways and bridges, to be paid in collected by 

, , , • n , ' -,,.?■ • • Highway Sur- 

money or labor, at the option ot the tax payer, and laid out in repairing veyors, 

highways and bridges; and they shall, annually, on or before the said Wi, Xiv, , 

first day of January, make out a tax bill for each Surveyor of High- 
ways, containing the amount of the tax to be laid out by him in his dis- 
trict, with the amount of each person's tax annexed to his name, accom- 
panied with a warrant, signed by the Chairman of the Board, author- 
izing such Surveyor to collect such tax ; aud they shall deliver the several 
tax bills to the respective-Surveyors, and take their receipt for the same. 

Sec. 13. The County Commissioners shall have power to provide for compensa- 
the payment of the Special Commissioners, appointed under the eighth ^"mmtssion- 
sub-di vision of Section 11 of this Chapter, for their time and expenses, -"^— - 
at a rate not exceeding three dollars per day each, and five cents lor each 816- 
mile of necessary travel. The decisions made by said Special Commis- Decisions 
sioners may be appealed from, and reviewed in the same manner, and ™e r ved be re " 
with like authority, as is allowed by law from the acts of the County 
Commissioners. The work so to be laid out by such Special Commis- 
sioners, or the same as settled on appeal, shall be recorded, opened and Roads may 

' 1 1 > > r De opened 

worked as public highways of the towns, cities or Counties in which they and worked, 
are respectively situated, in the same manner as other highways of the 
town, city or County are required by law to be recorded, opened and 
worked. 



Sec. 11. Special meetings of the Board of County Commissioners of special meet- 
any County may be called by the Chairman of the Board on his own ~ pj.' § is. 

motion or the written request of other members of the Board. 

Sec. 15. Every resolution of any Board of County Commissioners, f R B ° 1 rds°o S f 
passed in pursuance of the provisions of this Chapter, shall be signed m is n i t ^ ie ?° m o 
by the Chairman and Clerk of the Board, and be recorded in the book be recorded. 
of miscellaneous records of the County. 

Sec. 16. Each Board of County Commissioners shall appoint some clerk, 
proper person to be their Clerk, whenever necessary, and may remove Ib > § 18, 
him at pleasure, whose general duties it shall be: 

1. To record in a book to be provided for the purpose, all proceedings Duties. 
by the Board. 

2. To make regular entries of all the resolutions or decisions on all 
questions concerning the raising or payment of moneys. 

18 



138 OF COUNTY COMMISSIONERS. 

3. To record the vote of each Commissioner on any question submitted 
to the Board, if required by any member present ; and, 

4. To preserve and file all the accounts acted upon by the Board. 

0atll Said Clerk shall take the oath prescribed by the Constitution. He 

shall receive a reasonable compensation for his services, to be fixed by 

Salary. the Board, not to exceed three dollars per day for the time actually and 

necessarily employed. 

copies^of g EC i7 # Copies of all papers duly filed in the office of the Clerk of the 
be evidence Board of Countv Commissioners of any Countv, and transcripts from 

in Courts J i 

lb., 132, § 20. the books of record kept therein, certified by such Clerk, with the seal of 
office affixed, shall be evidence in all Courts and places in like manner 
as if the original were produced. 

Board of Sec. 18. The Board of County Commissioners of any County may 
C mSsfoners l ~ adopt a seal, and, when so adopted, the Clerk of such Board shall cause 
seal adopt a a description thereof, together with an impression therefrom, to be filed 
lb., § 19. in the office of the Clerk of the Court of Common Pleas and General 
Sessions of said County, and in the office of the Secretary of State : and 
the same shall thereupon be the seal of the Board of County Commis- 
sioners for such County. 

Auditing of Sec. 19. No account shall be audited by any Board of County Coni- 

a econn s . missioners for any services or disbursements, unless such account shall 

lb., § 21. _ J ' 

be made out in items and accompanied with an affidavit attached to, and 

to be filed with, such account, made by the person presenting or claiming 
the same, that the items of such account are correct, and that the dis- 
bursements aud services charged therein have been in fact made or ren- 
dered, and stating that no part thereof has been paid or satisfied: Pro- 
Proviso. vided, Nothing in this Section shall be construed to prevent any Board 
from disallowing any account, in whole or in part, when so rendered and 
verified, nor from recpuiring any other or further evidence of the truth 
and propriety thereof, as such Board may think proper. No allowance 
or payment beyond legal claims shall ever be allowed. 



Accounts to Sec. 20. Accounts presented in any year to the Board of Commis- 
and n emered. c sioners of any County shall be numbered from number one upwards, 
lb, 133, §25. in the order in which they are presented; and a memorandum of the 
time of presenting the same, of the names of the persons in whose favor 
they shall be made out, and by whom they shall be presented, shall 
be entered in the minutes of the Board to which they shall be pre- 
sented ; and no such accounts, after being so presented, shall be with- 
drawn from the custody of the Board, or its Clerk, for any purpose 
whatever, except to be used as evidence upon a judicial trial or proceed- 
ing, and in such case it shall, after being so used, be forthwith returned 
to such custody. 



OF COUNTY COMMISSIONERS. 139 

Sec. 21. All fees aud accounts of Trial Justices, and other officers, for „. 1TT Co ","*Lj° 

P«Ay C-Cl T it 111 

criminal proceedings, including cases of vagrancy, when not recovered jUJLS* Trial 
from the defendant or party complaining, shall be paid by the County ~ it>., 132, \ 22. 
wherein the offence shall have been committed ; and all accounts ren- 
dered for such proceedings shall state when such offence was committed. 
And the fines imposed and collected in such cases shall be credited and 
paid to the County Treasurer by the Trial Justice, or other officer im- 
p sing and collecting the same. And whenever any criminal warrant or 
process shall be issued by any Trial Justice, or other officer residing out 
of the County wherein the offence shall have been committed, it shall 
authorize the officer executing the same to carry the person charged 
with the offence before any Trial Justice, resident and being in the 
County wherein such offence shall have been committed, to be proceeded 
against according to law ; and such officers shall not be allowed any 
compensation for any further proceedings in any such case beyond issu- 
ing such warrant or process. 

Sec. 22. No traveling fees shall be allowed for subpcenaing a witness subp oena fees. 
beyond the limits of the County in which the subpoena was issued, or of Ib-> 129 ' ' **• 
an adjoining County, unless the Board auditing the account shall be sat- 
isfied by proof that such witness could not be subpoenaed without addi- 
tional travel ; nor shall any travel fees for subpcenaing witnesses be al- 
lowed, except such as the Board auditing the account shall be satisfied 
were indispensably necessary. 

Sec. 23. The annual meeting of the Board of County Commissioners xotioe of 
for each County shall be on the first Tuesday of September, and the ™ e pubiished° 
Clerk of the Board shall Liive notice of the time of holding said annual lb., § 6 j lSTij 

1 - • 1 ^ 1 1 /T j, ■> XIV, 662, 3 4. 

meeting by insertmg the same, at least once in each week tor four weeks 
previous to such meeting, in any newspaper or papers published- in the 
County ; and if there be no paper published in the County, then he shall Accounts to 
post said notice upon or near the door of the court house of the County ; e pre 
said notice shall require all persons having bills against the County to 
deposit the same with the said Clerk, on or before the first day of Sep- 
tember, and in default thereof that such bills will not be audited at said 
annual meeting. 

Sec. 24. The books, records and accounts of the Boards of County Books and 
Commissioners shall be deposited with their Clerk, and shall be open, - lg — . sly ^ 
without reward, to the examination of all persons. § 9 - 

Sec. 25. The fiscal year shall commence on the first day of September Fiscal year. 

in each year; and it shall be the duty of all persons having any claim ,-J b ->,J<SM 24; 

or demand againdt a County to have the same made out in items, with I i. 

dates prefixed, and verified in the manner and form required by law, and 

to deposit the same in the office of the Clerk of the Board of County 

Commissioners for the County, on or before the first day of September in 

each and every vear; and the Board of County Commissioners in any when ae- 
r, .,.,.,. „ ,. ,, , . counts must 

County mav, in their discretion, refuse to audit or allow any claim or be presented. 



HO OF COUNTY COMMISSIONERS. 

demand, unless made out, verified and deposited in the manner lierein 
specified. 

Clerk to de- Sec. 26. It shall be the duty of the Clerk to designate every account 
counts. upon which any sum shall be audited and allowed by the Board, and 

1868, xiv,133, ^ e amoun t so audited and allowed, and the charges for which the same 
was allowed ; and he shall also deliver to any person who may demand 
it a certified copy of any account on file in his office, on receiving from 
such person ten cents for every folio of one hundred words contained in 
such copy. 

ciei-ks to Sec. 27. It shall be the duty of the Clerks of the Boards of County 
statement. Commissioners, on or before the second Tuesday of September in each 
■rTv'm'if Tit y ear J to make out a statement, showing: 

1. The number of days the Board shall have been in session within 
such year, and the distance traveled by the members, respectively, in 
attending the meetings of the Board. 

2. Whether any accounts were audited or allowed without being veri- 
fied according to law, and, if any, how much, and for what; and such 
statement shall be certified by such Clerk, and be printed in a newspaper 
published or circulated in the County, within two weeks after said state- 
statements ment shall be so made out ; and it shall be the special duty of such Clerk 

lisnedf pu1> to see that the same is so published; and for every intentional neglect so 
to do, such Clerk shall be deemed guilty of a misdemeanor, and punish- 
able by fine or imprisonment, within the discretion of the Court. 

Sec. 28. It shall be the duty of the Board of County Commissioners 

Publication ' J . 

•of accounts [ n eacri County, annually, to publish in one or more newspapers printed 
audited. •" •" x • t -j i i i n 

1868,xiv\133, or circulated in such County, the name ot every individual who shall 

i -" 1 - have had any account audited and allowed by said Board, and the amount 

of said claim, as allowed, together with the amount claimed. 

Each coun- 
t y to pay- g 2 9. Each County shall pay : 
lsea, xiv, 274, J ' J 



Jurors. 



1. The fees of grand and petit jurors, while in attendance upon the 
Circuit Court. 



Witnesses. 2. Witness' fees in State cases, for actual attendance on the Circuit 
Court, and for actual attendance on a Trial Justice's Court. 

Post mortem 3. Fees of physicians and surgeons testifying as experts before a Coro- 
examlnations ^^ .^^ Qr ;U ^ Q rcu j t Court, after a post mortem examination, ten 
dollars, and five cents per mile for actual and necessary travel. 

pris oners, ftc. 4. For dieting and keeping persons confined in the County jail. 

L839.XI.47, 39; 
1861,XII,90S,i 2. 

5. Fees of the Circuit Solicitors for services in the County, when not 

solicitors. co n ee tecl from the defendant, at the following rates: In a trial before a 

jury in civil and criminal cases, or before referees, a docket fee of ten 



OF COUNTY COMMISSIONERS. 141 

dollars; in cases at law, where judgment is rendered without a jury, 
seven dollars and fifty cents ; said fees to be in lieu of all other compen- 
sation whatever. 



6. Fees of the Clerks of the Circuit Courts in State cases, at the rates 
allowed bv law. 



Clerks. 



7. Fees of the County Coroners, at the rates allowed by law. coroners. 

Before the accounts of Sheriffs, Circuit Solicitors or Clerks shall be Accounts to 
presented to the County Treasurer for payment, they shall be sworn to ami"" °e"anv 
by said officers, examined and certified to by the Judge presiding in the tifiedto °by 
Circuit Court in the County, approved and ordered to be paid by the Clreult Jud s e 
County Commissioners. 

Sec. 30. No account of the Circuit Solicitor, the Clerk of the Circuit Accounts not 
Court of General Sessions, the County Sheriff, or Trial Justices, for fees, certain^ases! 
in any criminal cause heard or prosecuted in the Circuit Court, or before 18 ?ii xiv,. 
a Trial Justice, shall lie paid, unless they severally shall declare, on 
oath, that the costs in the said cause have not been recovered of the de- 
fendant, and that he, the defendant, was unable" to pay the same; and, 
further, that all fines and penalties heretofore collected by them have 
been faithfully and fully paid over to the County Treasurer of the 
County. 

Sec. 31. Each member of the Board of County Commissioners shall compensa- 
be allowed compensation for his services in attending the meetings of mission. ' 



the Board, and for necessary time spent in discharging other duties im- ?^h^ y ^M> 
posed by law, if any, at the rate of three dollars per day, and five cents -~i. § i- 
per mile for necessary travel : Provided, That compensation shall not be proviso, 
allowed to any member of the Board of County Commissioners for ex- 
ceeding one hundred days in any one year, except to the members of the 
Board of County Commissioners for the County of Charleston, who shall 
not be allowed compensation for exceeding one. hundred and fifty days 
in any one year. An account shall be made out in items, with dates pre- 
fixed, accompanied with an affidavit of the member, stating that the 
items of such accounts are correct and just, and that the services therein 
mentioned have been rendered as stated, and no part of said account has 
been paid. The accounts shall be presented to the County Treasurer, 
who shall audit and, if correct, pay the same, out of funds accruing from 
taxes laid and collected for County purposes. 

Sec 32. No member of the Board of County Commissioners shall vote No cx traai- 
for an extra allowance to any person who is paid by salary, nor shall the aitj- a for mak- 
Treasurer of said Countv knowingly pay to any such person anv extra 11 1? 

" o.a^ j x . j^ XIV 131 

allowance. Every offence against the provisions of this Section shall be 1 30. ' ~ 
a misdemeanor, punishable by a fine not less than the amount of such 
extra allowance, or by imprisonment in the County jail, for a period not 
exceeding six months, or by both such fine and imprisonment. 



142 OF COUNTY COMMISSIONERS. 

Penalty for g EC . 33. Jf aU y County Commissioners shall refuse or neglect to per- 
refusal to per- . . 

form duty. form any of the duties required of him by law as a member of the Board 

Amended by of County Commissioners, he shall, for every such offence, forfeit the 

sum of two hundred and fifty dollars, and be removed from office. 

■ A f nTI fa eS b 1_ ^ EC ' '^' County Commissioners shall, annually, on or before the second 
transmitted Tuesday of September, prepare and make up the estimate for all County 

troiier Gene- charges and debts for the fiscal year then ensuing, and of the rate of 

ral. ° J 11. 

lb., §33; 1871, taxation necessary to raise money to meet the same ; the estimates so 
XIV, 662, i i. ma( j e U p alK i approved by them shall be recorded by their Clerk, in a 
book kept for that purpose, and a fair copy thereof, with a statement of 
the amount of borrowed money due from the County, and of the amount 
of taxes due and unpaid at the time of making said estimates, signed by 
the presiding Commissioner, and attested by their Clerk, shall, with the 
Treasurer's accounts, be sealed up and transmitted by the Clerk to the 
office of the Comptroller General of the State, to be laid before the Gen- 
eral Assembly for approval. 

Term of of- Sec 35. Members of the Board of County Commissioners shall hold 

'" - _ their office for the term of two years, and until their successors are 

1 37; 1870, iiv, elected and qualified: Provided, If any person elected a member of said 
Board shall remove from the County without intention to return, be, or 
become, disqualified, be removed from office, resign or die, the said office, 
upon proper evidence thereof, shall be declared vacant by the Governor 
Vacancies, of the State, who shall thereupon, by proclamation, if the vacancy to be 
filled be for more than one year, call an election in said County to fill 
the unexpired term of said office, giving at least twenty days' notice 
thereof in the public prints circulating in the County. 

mSneS Sec - 36 - !t snai1 be the duty of the County Commissioners to furnish 
lnlS \miitor the County Auditor and Treasurer of their respective Counties office 
room, together with the necessary furniture, stationery, &c, for the 
I869,xrv,275, same. 

§ 5. 

County com- Sec. 37. That the County Commissioners of the several Counties in 

provide the State are authorized, whenever, in their judgment, it is necessary, to 

for' 'indigent appoint one or more physicians, whose duty it shall be to furnish medical 

552-: — r-r- — aid to the indigent sick in their respective Counties; and, whenever ac- 
Resolution, 6 J ' ' 

1870jXIV,421,ji counts are rendered for the performance of such duty, the County Com- 
missioners are to examine said accounts, and, if found correct, to audit 
the same, and give a warrant on the County Treasurer for their pay- 
ment. 

county com- Sec. 38. That the County Commissioners of the respective Counties of 
provide 61 ho." tliis Suite are authorized and required to provide suitable hospital accom- 
modations?™" modations in connection with the Poor House, at or near the County 
lb., J ■-•. ~~ seats of their respective Counties, where the indigent sick poor may re- 
ceive medical and surgical aid, free of charge, and to appoint physicians 
thereto, except the County of Charleston, where the County Commission- 



'y 

and Treasur- 
er office room. 



OF COUNTY SHERIFF. 143 

ers are authorized and required to cause to be built, at or near Cordes- ^"SS^S?™; 

■l nils^ionels OI 

ville, Parish of St John's Berkeley, a hospital for the indigent sick poor, C o m f t r ,i eito " 
and to appoint a physician thereto, to be paid as herein provided: Pro- build hospital 
vided, That the cost of the said building shall not exceed two thousand physician. 
(2,000) dollars: Provided, further, That no physician, so appointed to physician's 
any of the hospitals, shall charge for his services more than one-half the fees- 
usual fees. 

Sec. 39. That if, at any time, the Court House of anv County in this To provide 

-,.,,,. « . . * ~ , rooms for 

State shall be in course of reconstruction or repair, or from any other courts ami of. 
cause shall not be in condition to be occupied, it shall be the duty of 1 ;1 ^tt 90s ; 1. 
the County Commissioners for such County to furnish suitable rooms for 
the accommodation of the Courts and public officers. 

Sec. 40. The County Commissioners of each County shall, on or before To report to 
the fifteenth of December in each year, report to the General Assembly se moiy. 
all accounts chargeable to their respective Counties; what have been 1S71, XIT,607, 
allowed and settled; the number and amount of orders drawn upon the 
County Treasurer ; the taxes levied and collected ; the amount expended 
for rebuilding or repairing court house, jail, poor house and bridges ; in 
fact, a detailed account of all their doings. And upon failure so to Penalty, 
report, they shall be fined in a sum not less than fifty, nor more than two 
hundred dollars. 



CHAPTER XX. 
Of Couhty Sheriff. 

Sec. j Sec. 

I. Election of Sheriff. j 19. Duties and liabilities. 

-2. Vacancies — how filled. 20. Liability for illegal arrest 

3. Coroner to act as Sheriff during a va- 21. No person to be arrested while engaged 

caney. in mUitary or militia duty ; excep- 

4. Clerk to act until Coroner takes charge tion. 

or vacancy filled. -2-2. No civil process to be served on Sun- 

5. Coroner to act when Sheriff is inter- day ; no criminal process, except for 

ested. treason, felony, or breach of peace; 

€. Sheriff to file bond. no female to be arrested ; exception. 

7. Amount of bond, and number of sure- 23. Escaped prisoners may be retaken on 

ties. Sunday, &e. 

8. LiabUity of sureties ; proviso. 24. Power to arrest and take bail. 

9. Oaths : 1. Not to share profits of office. 25. Bail bond to be paj-able to Sheriff. 

2. To enforce penalties against 26. Not to take attorney or officer of Court 
gaming. as bail. 

10. No Sheriff, Deputy or Clerk to be al- 27. To endorse return on back of process, 

lowed to act as an attorney, or hold ,, „ , ,.-.. ,. 

office of Clerk of Court. -' To break mto an y house in certain 

II. Sheriff may appoint Deputies. cases. 

12. Certificate of appointment. 29. To give notice of money in his hands; 

13. To take oath of office. Duties of. to pay interest for failure. 

14. Offices ; where kept. 30. Not liable after two vears. 

lo. Books — writ book, execution book, sale „, T . . , . , , - . t » 

hook ' 31. Liable to be proceeded against foropen 

16. To turn over books, papers, &c, to Ms contempt or breach of official duty ; 

successor manner of proceeding ; proviso. 

17. To summon Constables, &c. 32. Liable to attachment for contempt for 

15. To attend all Courts, and to serve rules failure to execute final process or 

of Court. pay over money. 



144 OF COUNTY SHERIFF. 

Set I Sec. 

33. To be deemed guilty of official miscon- how such sales are confirmed ; en- 

duct — when; punishable on convic- | dorsement on deed of conveyance, 

tion; proviso. 43. Proceedings if judgment creditors ob- 

34. To pay over money one day after de- jecttosale. 
mand ; penalty for refusal ; proviso. 50. Endorsement on conveyance. 



35. Sheriff to furnish statement of rea- 

sons for failure to make execution 
when required. 

36. Penalty for purchasing executions. 

37. Penalty for permitting prisoners com- 

mitted by civil process to go at 
large ; proviso. 

38. In what cases plaintiff shall be liable 

for maintenance of debtor ; proviso. 

39. To execute writs of habeas corpus. 

40. Liable for negligent escape on mesne 

or final process. 

41. Punishable as for escape of criminal. 

42. PunishmeDt for accepting bribes. 



51. Proceedings if property sold by Sheriff 

brings more than when sold by 
debtor. 

52. To make sales ordered by Courts of 

Common Pleas and Probate. 

53. Fees for such sales. 

54. Shall forfeit fees and be subject to fine 

of five dollars for default in return- 
ing warrants, &c, of Trial Justices. 

55. Sheriff to pay over money to his suc- 

cessor within one month. 

56. Retiring Sheriff entitled to half com- 

missions. 

57. Liabilities to fine and imprisonment. 



43. Penalties for purchasing at their own 5;'. Personal representatives to pay over 

-ales. official moneys in nine months after 

44. To pay over proceeds to prior lien. Sheriff's death. 

IS. May make title to property sold by ' 59. Civil proceedings against Sheriff, 
predecessor. 60. Collection of moneys. 

46. Money paid into Circuit or Probate 

Courts to be deposited. 

47. How to be drawn ; proviso. 

45. Judgment debtors selling property, to 

pay proceeds to Sheriff; when and 



61. Sheriff's fees. 

62. Liable to forfeit ten times amount of 

excess of improper fees ; how recov- 
ered. 



Election of Section 1. There shall be a general election for the election of County 
Sheriff. Sheriffs held in each County, on the third Wednesday in October, A. D. 

§i. ' ' ' 1872, and on the same day in every fourth year thereafter. 



Vacancies ^ EC - ^' That in the event that a vacancy shall, at any time, occur in 
how ailed. tne fg ce f Sheriff, in any County of this State, whether from death, 

Til ^"-1 SI 

resignation, disqualification, or other cause, the Governor shall have full 
power to appoint some suitable person, who, upon duly qualifying, ac- 
cording to law, shall be entitled to enter upon and hold the office for the 
unexpired term of the former incumbent, and shall be subject to all of 
the duties and liabilities incident to said officer, during the term of his 
service in said office: Provided, That no such unexpired term for which 
an appointment is made shall, in any case, exceed one year. 

coroner to Sec. 3. That the Coroner, during the continuance of such vacancy, 

during ^a^vaJ anc ' until the office is filled by appointment or election, shall assume the 

cancy - office, discharge its duties, incur its liabilities, and be entitled to its fees 

and emoluments; and shall, for such purpose, take charge of the books 

'and papers of the office, and occupy the apartment allowed to the Sheriff 

for transacting the business of his office. 

cierk to act Sec 4. That, in case of vacancy in the office of Sheriff, and until the 

takes charge Coroner for such County may take charge of the same, or until a Sheriff 

i'iu,.,i.^ aCel " Cy shall be elected and commissioned for such County, the Clerk of the 

n.. us, ::'.i. Court for such County shall take possession of the jail of such County, 

and charge of the prisoners confined therein, and, also, possession of the 

Sheriff's office, and the papers therein. 

coroner to Sec. 5. If the Sheriff shall be a party plaintiff or defendant in any 

&C1 when she- • v • i .• .• . i r 

rill is inter- judicial priucss, execution, warrant, summons or notice to Deserved or 

BS -^! » n , ., executed within his County, the Coroner shall serve the same, and incur 

ID., 7H, g 41 J 

I785,rn,!a6 1 59. the liabilities of the Sheriff. 



ii! rul .\"1 V SHEKIFJ 145 

Sec. G. When any person shall he declared duly elected to the office 1 SjS' lfftofile 
of Sheriff, he shall be bound to tile in the office of the County Comrais- Ts3vxi, 37, \ 7. 
sioners, his bond, duly executed and approved, within thirty days from 
the time the election is declared. 



Sec. 7. That the Sheriffs of the several Counties, before receiving their Amount of 

. . i ii -ii i ill i boml anil 

commissions, shall enter into bonds, to be executed by them, and any number of 

sureties 
number of sureties, not exceeding twelve, nor less than two, to be ap- 1Si;v XIV 1Q t 

proved by a majority of the Board of County Commissioners, iu the sum ! ; 7 1839 ' XI ' J7 ' 

of ten thousand dollars, except iu the County of Charleston, where the 

bond of the Sheriff shall be in the sum of twenty-five thousand dollars. 

Ami every Sheriff shall procure other satisfactory security when duly 

required. 



Sec. 8. Every suretv to the bond of a Sheriff shall be liable for the Liability of 

J "" sureties. 



whole penal sum therein expressed ; nor shall any return of nulla bona 
on any execution against the Sheriff be henceforth necessary .before legal 
resort may be had against his sureties, or any of them : Provided, That 
there shall be liability to contribution among the sureties aforesaid, as in 
cases of joint suretyship. 



Proviso. 



lb., 391, I I. 



Sec. 9. Every Sheriff, before entering on the duties of his office, in xotakeoath 

addition to the oath required by the Constitution to be taken by every profits' of'ot 

person chosen or appointed to any office of profit or trust, shall take the flce - 

following oath : "I, A B, swear, (or affirm, as the case may be,) that I 

am under no promise, in honor or law, to share the profits of the office to 

which I have been elected ; and I will not, directly or indirectly, sell or 

dispose of said office, or the profits thereof, but will resign, or continue to 

discharge the duties thereof during the period fixed by law, if I so long 

live : So help me God;" and an oath to enforce the law against gaming, {( £'^ h JSntSl 

as follows: "I, A B, do solemnly swear (or affirm) that in the execution tu ' 3 . against 

J gaming. 

nf ihe office of Sheriff to. which I have been elected, I will, to the extent ~ iSTa-i, § ■> ; 
of my ability, enforce the penalties prescribed by law against gaming ' ' ' s 
and the keeping of gaming tallies, and will nut fail to bring to justice all 
violations of the same that may come within my view or knowledge : 
So help me God ;" which oaths shall be endorsed on the commission, 
and shall be taken and subscribed by the Sheriff before the Clerk of the 
County, and, at the next term of the Circuit Court in the County, he 
shall produce his commission, which shall be read in open Court, and re- 
corded in the Journal of the said Court. 



Sec. 10. Xo Sheriff, Deputy Sheriff, or Sheriff's Clerk, during the time no sheriff, 
he is in any such office, shall act as an attorney at law, or solicitor in derk y to be 
equity, in his own name, or in the name of any other person, or be allowed JJ [Attorney' 
to plead or practice in any of the Courts in this State, nor shall he hold £f h cierk ffi of 
the office of Clerk of the Court of Common Pleas and General Sessions. Conrt - — _ 

1S39, S.I, i 

19 



146 



OF COUNTY SIIKRIFF. 



appoinfd<ssn£ ^ EC - ^- ^H t,ne Sheriff sf any County may appoint one or more 

' "- _ deputies, to be approved by any Judge of the Court of Common Pleas of 

° '* ' such County ; and the oath which such Deputy is required to take by the 

thirteenth Section of this Chapter may be administered by any officer 

authorized to administer oaths within such County. 

Certificate Sec. 12. That the appointment of every such Deputy shall be evi- 

of appoint- . . . . „ _ . . , . ..,,,,, 

incut. _ deneed by a certificate thereof, signed by his principal, and shall con- 

Ib.,g2. ■ tinue during the pleasure of the principal; and every principal may take 
such bond and security from his Deputy as he shall deem necessary to 
secure the faithful discharge of the duties of his appointment, and the 
principal shall, in all cases, be answerable for the neglect of duty or mis- 
conduct in office of his Deputy. 

To take oath Sec. 13. That every such Deputy shall, previous to entering on the 

duties of his appointment, take an oath or affirmation, as prescribed by 

Dut ies of. the Constitution of the State, faithfully to perform all the duties of his 

Ib '"' 1 appointment; and, when so qualified, the Deputy may do and perform 

any and all of the duties appertaining to the office of his principal. 

Offices, where Sec. 14. The Sheriffs of the several Counties throughout this State 
1839 xi 39,8 5. shall keep their several offices in the city, town, village or place where 

the respective court houses are established, and in the court house, if 

there be one. 

Book s. Sec. 15. The Sheriff of every County shall keep and preserve as pub- 

2 s'trob., 150. lie records in his office the following separate books, of good material 
aud strongly "bound, each containing not less than eight quires of medium 
paper, and labelled with its appropriate title, to-wit: 

1. " Writ Book," in which the Sheriff, immediately on the receipt of 
. any writ of habeas corpus, citation, writ of capias ad respondendum, sum- 

H Rich., 581. mons, subpoena writ, subpoena ticket, rule, interrogatories, or notice to be 
served upon any person, subpoena ad respondendum, writ of ne exeat, in- 
junction, warrant, attachment, or any other mesne process whatever, 
issuing from either of the Circuit or Probate Courts, shall make an entry 
thereof, with the date, and indorse on the original the time of such entry 
in his office. The Writ Book shall be laid off into separate and suitable 
columns, in which the Sheriff shall enter the names of the parties, the 
name of the attorney, the kind of process, the kind of action, or kind of 
offence, when entered, by whom served, how served, when served, or other- 
return, and Sheriff's costs; and the Sheriff shall make a true index in 
the said book to all the entries therein. 

2. "Execution Book," in which the Sheriff, immediately on the receipt 

of any fieri facias, capias ad satisfaciendum, attachment for not perforna- 

inu; decree, writ of habere facias possessionem, restitution, military, or 
Execution o .is- ' j ' 

Book. other execution, or any other final process whatever, (which, according 

to law, (pay lie lodged with him,) shall enter the same, and endorse on 
such final process the time »f such entry iii hi* office. The Execution 
Book shall be laid oft' into separate and suitable columns, in which the 



OF COUNTY SHERIFF. 147 

Sheriff shall enter the kind of process, when lodged, and the time of the 
original entry, the name? of the parties, the debt and interest, and (un- 
derneath, in the same column,) the attorney*!, Clerk's, Sheriff's, and 
other costs, attorney's name, the amount received, date of levy or other 
return, or disposition of the execution, and receipts of plaintiff, attor- 
ney, Clerk, Sheriff, witnesses, or others entitled to costs, or their agents or 
representatives, and the Sheriff shall make and keep correct and double 
indexes in the said book of the cases entered therein. 

3. A "Sale Book," in which the Sheriff shall enter all sales which he sale Book. 
may make under any order, decree, execution or final process, of any of s^V: 11 :™, 67 ' a 
the Courts of this State, or of any officer authorized by law to issue such 
process to the Sheriffs of this State, and he shall transcribe therein all • 
levies which he shall have made, (specifying the property and the date 
of each levy,) and all advertisements of property levied on ; and the 
parts of the said book in which accounts of sales shall be kept shall be 
divided into separate and suitable columns, in which the Sheriff shall 
enter the names of the parties, a description of the property sold, when 
sold, to whom sold, amount of sale, and, if bond be taken, the naines of 
the sureties thereto, and statement of tire time when due, and to what 
case or cases the proceeds of such sale have been applied, or to whom 
paid; and the Sheriff shall make and keep correct and double indexes 
in the said book of the cases entered therein. The Sheriff shall keep 
the mesne and final proce--e? in his office, in suitable boxes, and in 
separate apartments. Final process shall be arranged alphabetically in 
the defendants' names, in boxes labelled with appropriate letters. The 
miscellaneous papers shall be arranged under suitable titles and labels, 
such as "Attachment Bonds," "Bail Bonds," "Bonds for the delivery of 
property," "Money Bonds," &c. 

Sec. 16. It shall be the duty of every Sheriff to turn over to his sue- to turn over 
cessor all the furniture appertaining to his office, the original writ book, '%c 0l to 1 succes- 

and sale book, and also the original execution book, or a correct certified 8 0rs - 

copy thereof, and also all original bonds officially taken by him, all i79i',yn',263,§7; 
mesne processes not served, and all final processes partially or wholly 5 stro'b., lco! 
unexecuted ; and if any Sheriff be dead, his personal representative shall 
so turn over the matters aforesaid ; and the successor shall be bound 
to execute a receipt and duplicate, to be lodged in the Clerk's office, spe- 
cifying the matters and things so received by him, and he shall be re- 
sponsible for them. The retiring Sheriff, or his successor, neglecting or 
refusing obedience to the requisitions herein, shall, respectively, upon 
conviction by indictment, be liable to a fine of one thousand dollars, or 
an action may be instituted upon the official bond of any defaulting 
Sheriff in this behalf, for the penalty aforesaid. And it shall be the 
duty of such predecessor, who has levied upon personal property and 
not sold it, to deliver it to his successor at the time of turning over 
such books, bonds and processes, taking his receipt for the same, who 
is authorized to sell such properly. 



148 OF COUNTY SHERIFF. 

To summon g EC \j r f] ie Sheriff shall summon the requisite number of Constables 

Constables, ^ 

*°- to attend the Courts of Common Pleas and General Sessions, and provide 

a staff for each of them, and shall make a return of such summons to 
the Clerk of the Court. 

To attend all Sec. 18. The Sheriffs, or their 'lawful Deputies, shall attend all the Cir- 
serve rules of cuit Courts that may lie held within their respective Counties, and enforce 
11, 44 322. sucn ru ^'~ M tne sa 'd Courts may establish ; and during the term time of 
the said Courts, any Sheriff or his Deputy shall serve any rule of such 
Court or writ of attachment, for any contempt thereof, on any party or 
witness in any part of this State; and the party moving for the same 
shall be liable to pay such Sherilf the cost in cash for such service, on the 
return of such rule or writ of attachment. 

Duties and Sec. 19. The Sheriff or his regular Deputy, shall serve, execute, and 

"abilities. ', , ° . . ' ' „ , 

11.. 41, § i(T; return every process, rule, order or notice, issued by any Court of record 

ns'i' Vit'.Sng' la this State, or by other competent authority; and if the Sheriff shall 

* cocu^oFp! o- ma ke default herein, he shall be subject to rule and attachment as for a 

cedmc, § «4. contempt, and he shall also be liable to the party injured, in a civil 

action. 



Sec. 20. If any Sheriff or Deputy Sheriff, without writ, warrant or 

Liability for in , • t , • 1 

illegal arrest, process, shall summon any one, by arresting the person or attaching the 
coiisutui'L'n' g°°ds, to appear in any of the Courts in this State, (not having at that 
Art's "si; 5 17; time any process to justify the same,) upon complaint thereof, on oath, 
such Sheriff or Deputy shall be liable to be punished for a contempt, 
by either the Court of Common Pleas or General Sessions for his County : 
Provided, That nothing herein contained shall prevent the Sheriff or his 
Deputy from arresting an}* person for treason, felony, or breach of the 
peace, committed in his presence, or from arresting any person for trea- 
son or felony, upon probable and reasonable grounds.- 

No person Sec 21. No person shall be arrested while actually engaged in or at- 

to he arrested .. ... ..... . „ . 

w h i 1 e en- tending military or militia duty, or going to or returning trom the same, 

tVify or mm- nor while attending, going to, or returning from any Court, as party or 
Exception, witness, or by order of the Court, except for treason j felony or breach of 
ib.,812. tliv peace ; but in such case process may be served without actual arrest 
iif body or goods. 



Process, how Sec. 22. No civil or criminal process shall be served on Sunday, ex - 

serve. i; no'ii" cept for treason, felony or breach of -the peace. Nor shall any female 

rejrtea^exeep" '"' arrested in any civil action, except fur a willful injury to person, 

1 "" 1 character or property. 

CodeofPro- it.' 

ee.lure, ', ill.'. 

S p may r be Sec - -'■''■ Tt BnaU be 1:nv1 '" 1 ,; "' the Sheriff, Deputy Sheriff, or Jailer, 
SnaOay ftc" '" ,v " t;, ' vr "" Sunday, as on any other day, and at Court, muster or any 
J889 \i, 15, §27. oilier plaee, any prisoner who has escaped. 



OF COUNTY SHERIFF. 14!> 

Sec. 24. The Sheriff', or his Deputy, shall arrest all persons against re ftand t take 

whom process for that purpose shall issue from any competent authority, batl - 

commanding such person to tie taken into custody, or requiring him or 1 Bay .', 322! 
her to give bond, with security; and if the party so arrested, being en- 
titled to bail, shall give it, or shall give the bond with security required, 
such person shall be enlarged ; and if not, he, or she, shall be kept in 
custody until discharged from confinement, according to law. 

Ball bond to 

Repayable to 

Sec. 25. Every bail bond shall be payable to the Sheriff' or his sue- ^^ 

, . 1 , .... lb., §14; Sec 

cessors in office, and may be assigned to the plaintiff. code proce- 

J ° r dure, Title 

VII. 



Sec. 20. No Sheriff* shall take any attorney at law, or any officer of Attor 



Not to take 



ney 



Court, as bail for any person whomsoever, in any civil or criminal "s'lfaii. offlcel * 
case. - ib:,l5j 24. 

To indorse re- 
turn on back 
Sec. 27. That the Sheriff', on pain of being attached and amerced, of process. 

shall, at the time he returns eepi corpus on any mesne process of any of coae Proce- 

the Courts, to him directed, indorse on the back of such process the name <lure ' '' 215 " 

or names of such person or persons as shall have become bail for the 

defendant, if the said defendant shall have been, let to bail. 

Sec. 28. It shall be lawful for the Sheriff, or his Deputy, to break and To break into 

1 , i- ■, f 1 •> 1 an y nous c i" 

enter any house (after request and refusal,) to arrest the person or to certain cases. 

seize the goods of any one in such house, provided such Sheriff', or bis code'o'f^Pro. 

Deputy, have process requiring him to arrest such person or seize such c °i'iJay '35-/ 

goods. 



Sec. 29. It shall be the duty of the Sheriff of every County in this To give no. 

o. ., • . t. ■ , • m. e i • tice of money 

State, on the receipt of any money in his office on account of any plain- in his hands, 
tiff in execution, or other person entitled thereto, within one month, to 
give notice, in writing, of the same, to such plaintiff or his attorney, or 
other person entitled to the same, by personal service, or through the est for fan- 
post office; and, on failure so to do, he shall be liable to pay interest 1886 xii 634. 
for the money in his hands, at the rate of five per cent, per month, till 
such notice is given. 

Sec. 30. No Sheriff shall be liable to be served with any rule to show Not liable af- 
, P „,"... ter twoyears. 

cause, or attachment, at any time after two years from the expiration of llfVt xi~i4 ?19- 
his office. I801;. v;«i ' 

Sec. 31. Any Sheriff shall be liable to be proceeded again-t in any Li; ' | ' i l J e ( Jj ° ecl '' e 
Court of Record in this State, for an open contempt, or for a breach of Hontemut for 
official duty. For an open contempt he shall be liable to be attached Manner of 

J * t proceeding 

forthwith ; and for a breach of official duty be may be required, by rule, f°j; breach of 

J J 1 . . official duty. 

to answer to the complaint of any suitor of the Court, and, upon failing, Proviso. 
to answer or to comply with the order of the Court, made on hearing of 1 Spear* w. ' 



150 OF COUNTY SHERIFF. 

said rule, he shall be liable to be attached as for a contempt, and com- 
mitted to close custody, until he shall have complied with the requisition 
of the Court: Provided, That, in all cases, interrogatories may be pro- 
pounded to him, which he shall answer on oath, either orally or in wri- 
ting, as the Court may order. 

Liable to at- Sec. 32. If any Sheriff* shall fail to execute, or return, final process in 

tachment for ..,., . . - , ,, , . 

contempt for any civil suit, or to pay over money, when demanded, that has come into 
™te anal pro- his hands as Sheriff, to the party entitled thereto, and shall be unable, on 
over money, the return of the rule that may be issued against him, to show sufficient 
, U?-if 2 V=- ,« cause, he shall be liable to be attached for a contempt, and committed to 

2 McM , l;»o; 10 ' > 

Rich., 12a custody until he shall comply with the order of Court. 

Tobedeem- Sec. 33. If any Sheriff' shall be attached for contempt, for failing to 
cil guilty of J r > a 

official mis- execute, or to return final process, in any civil suit, or for not paying over, 

colli mc l ■) 

when, to the party entitled, money which has come into his hands as Sheriff', 

and shall remain in contempt for the space of thirty days after such 

on conviction attachment ordered, every such Sheriff' shall be deemed guilty of official 
mis-conduct, and shall be liable to be proceeded against by indictment, 
and, on conviction, be liable to fine of not exceeding one thousand dollars, 
and imprisonment not exceeding one year, and be removed from office: 
lSfTxr^yu" Provided, That nothing herein contained shall be construed to deprive 
any such Sheriff' of his right to appeal from any order against him for a 
contempt, nor shall the provisions of this Chapter be taken to apply du- 
ring the pendency of such appeal, nor until the same has been finally 
dismissed. 

To pay over Sec. 34. If any Sheriff, upon the demand of any plaintiff, or of his 
day after <ie- attorney, shall willfully refuse to pay over an) 7 sum of money collected 
for such plaintiff', within twenty-four hours, the Sheriff' so in default, 
besides being liable to rule and attachment, shall be liable also to pay 
reft!siU ty f ° r *"° sucn plaintiff, or his legal representative, the said sum withheld, and 
interest thereon, for the time he may withhold such sum after demand, at 
the rate of five per cent, per month, and if any regular Deputy Sheriff', 
(in the absence of such Sheriff") having such fund, shall refuse, one day 

Proviso. 

'-i . xi 35s- » l- after demand, to pay over the same, the Sheriff' shall, for such default, be 
•^hVoi''.'4'ij- :; liable to the same penalties as are herein provided: Provided, That 

Rich , ' 1 ; 
Rich., 206 , 
Rich., 286 
Rich., 319. 



Rich' 20V 12 nothing herein contained shall apply to the detention of money 011 ae- 
u count of bona fide conflicting claims. 



Sheriff to fur- 
nish state- s EC . 35. That it shall be the duty of the Sheriff, in case of partial or 
innit 01 rea- J ' 

sons for fail- entire failure to make execution, when required by any person having 

me of execu- ' j . 1 o 

Hon when re- control of the execution, to furnish a written statement, subscribed by 

■ juired. . , .... 

-„;. ]M7 him, of the reasons for such partial or entire failure. 

XlJ 133, -1 Bee 

i 315 of Code. 

Sec. 36. If any sheriff', or his Deputy, shall contract fur. buy, or pur- 
chase any judgment, or decree of any Court, which it may become his 



OP COUNTY SHERIFF. 151 

duty to enforce, or any execution lodged in his office, or cause tlie same n^^iJ° T 

to be done, directly or indirectly, the said Sheriff, or his Depot}', shall ex ecutio ns. 

forfeit and pay, for every such offence, treble the amount of such judg- I823lvi,2i3,§i! 
incut, decree or execution, one half of which said forfeiture shall be paid to 
the State and the other half to the informer; and the same shall be recov- 
erable with full costs by action or by indictment in any Court of 
competent jurisdiction, and, by any such purchase, such judgment, decree, 
or execution shall be ipso facto satisfied. 



Sec. 37. If any Sheriff, or his Deputy, shall permit any prisoner, com- Penalty for 
mitted to his custody on mesne or final process, in any civil action, to go prisoners, 8 
or be without the prison walls, without lawful authority, or if any cfvu^prncesX 
Sheriff, or his Deputy, suffer such prisoner to go or be at large, out of ° s ° a arge ' 
the rules of the prison, (except by some writ of habeas corpus, or rule of 
Court, which rule shall not be granted but by motion in open Court,) 
any such going and being out of the prison walls, or prison rules, as the 
'case may be, shall be adjudged and deemed an escape. If any Sheriff, 
or his Deputy, shall, after one day's notice in writing, given for that pur- 
pose, refuse to show anv prisoner committed to his charge to the plaintiff Proviso. 

1 . . . , . ° l , It), 45, g> 26 

at whose suit such prisoner was committed, or to his attorney, such re- and 29-, s ami a 

W. 3d '27- 1712 

fusal shall be adjudged to be an escape: Provided, That the Sheriff shall n, - 55^-5, k i-S; 

VI. J t 1 *. ■ i. A ■ • -1 1 1788, V,S0,§§ 8.9. 

discharge a defendant in custody on mesne process in a civil case where i Spear, 124. 
the plaintiff is non-suited. 



Sec. 3b. Where any person shall be taken on mesne or final process 

• -i • 1 /. • 1 -i- 11 iiii In -what eases 

in any civil suit, and ironi inability to pay the demand, debt or dam- plaintiff shall 

„ , , ., .„ . , i • -i i 1 1 i i b9 liable for 

ages, or find bail, it committed to thejan, and such person has no lands, maintenance 

tenements, goods, chattels, or choses in action, whereby his maintenance 

in jail can be defrayed, the plaintiff, or perlon at whose instance such 

party shall be imprisoned, shall pay and satisfy the same; and if such 

person, or his attorney, shall refuse or neglect, after ten days' previous 

notice, to pay, or give security to pay the same, when demanded, the Proviso. 

Sheriff, or Jailer, in whose custody such prisoner is, may discharge him l^iMJ'^L 30 ,: 

J r ■/ o 2 McM., 340; b 

from such confinement: Provided, however, That such prisoner shall, Rich-, 22s; 3 

' l ' Strob., 161; 4 

before he is discharged, render, on oath, a schedule of all his estate, and Rich., 323; 2 

Spears, 400. 

assign the same. 



Sec. 39. Every Sheriff, Deputy Sheriff or Jailer, shall have power, J^ %f a £ 
and he is authorized, required and commanded to give due obedience to 6 «"corj>t<s,&c. 
the execution of every writ of habeas corpus, made or signed by any per- 
son or persons by law empowered to grant the same, and shall do and 
perform any matter or thing which by the same he may be required to 
do; and if he shall willfully neglect, refuse or omit to obey or perform 
the same, when legally requested and demanded in such case, for each 
such neglect, refusal or omission, he shall forfeit the sum of five hun- 
dred dollars, to be recovered by indictment. 



152 OF COUNTY SHERIFF. 

Liable for Sec. 40. The Sheriff shall be liable for the negligent escape of any 

negligent es- a a i j 

capeon mesne prisoner on mesne or final process to such damages as the plaintiff may 

or lmal pro- r r ° * . J 

ess. have sustained : Provided, That the insolvency of the prisoner shall not 

Proviso. _ . 

ibT746, iisi 3i mitigate the damages below the amount sufficient to carry costs. 

33.'' 

Punishable Sec. 41. If any Sheriff, Deputy Sheriff, Jailer, or other officer, will- 

SIS IOI* OSOIlpG " 

of cr iminal, fully suffer a prisoner in his custody, under conviction or under any 
i83o' xrfe T35! criminal charge, to escape, he shall suffer the like punishment and pen- 
alties as the prisoner suffered to escape was sentenced to, or would he 
liable to suffer, upon conviction of the crime or offence wherewith he 
stood charged. 

for""ccepUng Sec 42. If a Sheriff, Deputy Sheriff, Constable or other officer author- 
lH ' lbe s - ized to serve legal process, receives from a defendant or auv other person 

1869, XIV, 309, ., 1,1,. ., .. " , -i 

js. any money or other valuable thing as a consideration, reward or induce- 

ment, for omitting or delaying to arrest a defendant, or to carry him be- 
fore a Trial Justice, or for delaying to take a person to prison, or for post- 
poning the sale of property under an execution, or for omitting or de- 
laying to perform any duty pertaining to his office, he shall be punished 
by fine not exceeding three hundred dollars. 

purchasinBat ^EC. 43! No Sheriff, or Deputy Sheriff, shall be concerned or interested, 
sales own directly or indirectly, in the purchase of any property sold by either of 
i8397xi ,155, 3 59; them officially ; and if anv such Sheriff or Deputy Sheriff shall be con- 

1823, VI, 213 ; , . J , . , . l J , , . , 

i79i,Vii,263,jS8. cerned or interested in any such purchase, at any such sale, made by 

snob., '77 ; '11 either of them, he shall, on convictien thereof, be deprived of his office, 

and shall be liable to be fined and imprisoned at the discretion of the 



Court; and such purchase shall be null and void. 



To pay pro- 
ceeds to prior 
lien. 



1839,XI, 55.J60. Sec, 44. The Sheriff shall pay over the proceeds of sale of any real 

J Hull , 412; 9 r J r J 

Rich., 86; 3 estate sold by him to anv judgment having a prior lien thereon.* 

Rich., 1; 4 J .Jo ol 

Rich., 121 ; 4 
McM., 155. 

Maymaketi- Sec. 45. In all eases where any Sheriff shall liave, heretofore, legally 

tysold P bypre! sold, or, hereafter, shall legally sell an}' real or personal estate, ami such 

""',"' .- Sheriff is now dead, resigned, or otherwise out of office, or shall hereafter 

l'J'.l, VI, .'5114 ; _ ° 

I803,y, 57,225; die, resign, or otherwise go out of office before he shall have executed 
18S9.XI, 55, (S 61. > 6 ' o 

:i stroii., 2 1 j; 10 titles therefor to the purchaser.it shall be lawful for any subsequent 

iiiii, 395. ' Sheriff of the same County, upon the terms of sale being complied with, 

or satisfactory evidence produced that they have been complied with, to 

make and execute good and sufficient title to the purchaser, for the 

property so sold. 

nit'oTne'eh'i Sec. 46. All moneys which shall hereafter be paid into the Circuit or 
bSteCourtsto l'''°bate Courts of the State, or received by the officers thereof in causes 
be deposited. 



10.''* ' ' •Note.— By Section 313 of the Code, Judgments do m>t 61 themselves constitute a 

lien upon real or personal property. 



OF COUNTY SHERIFF. 15,3 

pending therein, shall be immediately deposited in some incorporated 
State Bank or National Bank, within the Circuit, of good credit and 
standing; or, if there be no such bank within the Circuit, then in such 
bank nearest to the place of holding the Court, in the name, and to the 
credit of the Court. 

Sec. 47. No money deposited as aforesaid shall be drawn from said How to be 

J d.'awn. 

banks, except by order of the Judge of said Courts, respectively, in — ib.,'§lu — 

term or in vacation, to be signed by such Judge, and to be entered and 

certified of record by the Clerk ; and every such order shall state the 

cause in, or on account of, which it is drawn : Providi ', That money paid Proviso. 

into Court to be immediately paid out, need not be so deposited, but 

shall be paid upon order of the Court. 

Sec. 4^. The entire proceeds of a sale or sales of property, subject to Judgi 
lew and sale, made by the judgment debtors, are to be paid over by said ing property 
judgment debtors to the Sheriff in whose office such judgments, execu- eeeds to sta- 
tions or decrees are lodged, to be applied by said Sheriff towards the -j S71 - XI V 604 
satisfaction of the same; and, provided no objection shall be made in \ ■■ ! > 2 > :i - 
writing by either of the judgment creditors, and filed with said Sheriff, „, 

~ - . . When and 

as to the price at which the said property may have been sold, within iww su.ii 
1 * L J J sales are eon- 

three months from and after the time such payment shall have been filmed. 

made, the sale or sales shall thereupon be considered confirmed ; and the 

said Sheriff shall make the following endorsement on the back of the 

deed or deeds of conveyance, viz.: "No objection having been filed in my Sheriffs en- 

■ i-i. i i .i.i • -iiii dorsement on 

office to the within bargain and sale, within the time prescribed by law, deed of con- 

* V6V&T1C6. 

this bargain and sale is therefore confirmed;" the same to be dated and 
signed officially by the said Sheriff. 

Sec. 49. Should either of the judgment creditors object to the prices Proceedings 
at which any of the said property may have been sold, and file such no- erecutora ob- 
tice with the Sheriff within the time before mentioned, the Sheriff shall ] _ ... . 

Ib., 605, I -. 

immediately proceed to levy upon and offer for sale said property, pro- 
ceeding, in all respects, according to the law in regard to levy and sale 
by the Sheriff; and if the highest bid made for said property shall not 
be more than the amount of the indebtedness which had been cancelled 
by the sale made by the debtor, the Sheriff shall withdraw said property 
from sale ; and the creditor or creditors who may have filed their objec- 
tion shall be required to pay all costs and expenses that accrued in con- 
sequence thereof. 

Sec. 50. The Sheriff* shall make the following endorsement on the back Endorse- 
of the conveyance made by the debtor, viz.: "Objection having been veyance. 

filed in my office by , judgment creditor, I levied upon and Ib - 

exposed for sale the property within named; and failing to receive a 
higher bid than the amount of indebtedness cancelled by the proceeds of 
the within bargain and sale, this sale is therefore confirmed," and signed 
as directed in Section forty-eight of this Chapter. 
20 



154 OF COUNTY SHERIFF. 

Proceedings g EC 51 t u jj ie event that the property, when so exposed for sale by 
so * cl b >J ,*J 1 « - the Sheriff, as provided for in Section forty-nine, should bring more than 
more than th e amount of the indebteness cancelled bv the proceeds of the sale 

when sold Dy ' * 

debto r. made by the debtor, the purchaser from the debtor shall be refunded the 

amount paid by him, with interest from the time of payment, and the 
bargain and sale made by the debtor rescinded, and titles executed by 
the Sheriff to the purchaser at his sale ; and, after deducting the costs 
and expenses by reason of the levy and sale, the remainder to be applied, 
according to law, towards satisfaction of the judgment or executions in 
his office. 

Baie8°orderea ^ EC - **%• That all sales of personal or real estate, or other interest, 
by commn n 0t hereafter ordered to be made by the Courts of Common Pleas or Courts 
Pleas andPro- f probate, shall be made by the Sheriff of the County in which said 
•: xiv7;k^ real or personal estate or other interest is at the time said sale is or- 
dered. 

_ . Sec. 53. That in all sales by said Sheriff, under the order of Courts of 

Fees for such J 

sales. Common Pleas, or under the order of the Courts of Probate, the fees of 

said Sheriff shall be the same as now fixed by law for sales by Sheriffs 
under executions issuing from the Courts of Common Pleas. 

Shall forfeit Sec. 54. If the Sheriff shall neglect or delay to return any warrant or 

subject tonne other process pertaining to the Court of General Sessions, issued by a 

fault' hi r ie- Trial Justice, ten days before the meeting of the Court, he shall forfeit 

nu7t'" ! Ae^, ! of his fees, and be subject to a fine of five dollars, for every such default, 

; -tues -f U p 0n a ru ] e t0 s h ow cause, he shall fail to excuse himself to the satis- 

1836, Vl.ooi „ , „ 

faction ol the Court. 

sheriff to Sec. 55. That it shall be the duty of every Sheriff, on the expiration 

neyto™is9u<£ or " his term of office, to turn over to his successor all money remaining 

or.r month 1 " 1 m his hands as Sheriff, within one month from the time his successor 

1859, xu,>4 shall have entered on the duties of his office, and in the same manner as 

he is required to turn over to his successor the furniture, books, bonds, 

processes, and other papers; and the successor shall receive and be 

responsible for the money so turned over to him, in the same mam, 

he is liable for other money received by him as Sheriff. 

Retiring Sec. 56. The retiring Sheriff shall be entitled to retain only one-half 

Sheriff enti- . , . . „ , , , ,, ■, i , 

tied to half of the commissions allowed by law on moneys collected and so turned 

commissions. , , . 11110/. ■ 1 

— itT over, and his successor the other hall, for paying out the same. 

Liabilities, Sec. 57. That the retiring Sheriff, or his successor, neglecting or n- 
i^nnnHiiY 1 '" fusing obedience to the requisitions herein contained, shall, respectively, 
^ ~~ upon conviction by indictment, be liable to a fine of one thousand dol- 
lars and imprisonment not exceeding twelve months; and he and the 
sureties to his official bond shall be liable to pay to the party entitled to 
receive such money, the amount due to such party, with interest thereon 
from the time his successor shall assume the duties of his office at the 



OF COUNTY SHERIFF. 155 

rate of five per cent, per month, until the whole amount shall be paid, 
to be recovered by action. 

Sec. 58. That, upon the death of any Sheriff', his personal representa- ^entatives" 
tive or representatives shall likewise pay over to the successor in office of 1 " i? a ,v over 

1 * J official mo- 

such deceased Sheriff' all moneys which such deceased Sheriff had in his neys in nine 

' J ... mouths after 

hauds, officially, at the time of his death, within nine months after he, the sheriff's 

death. 

she or they shall have assumed the administration of such estate; and i. D ., 789, J 2. 
upon his, her or their neglect or failure so to do, the estate of such de- 
ceased Sheriff, and the sureties upon his official bond, shall be liable to 
pay to the party entitled to receive such money, the amount due to such 
party, with interest at the rate of five per cent, per month thereon, after 
the expiration of such term of nine months, to be recovered by action. 

Sec. 59. That'the provisions of the two preceding Sections be deemed ceedings 
cumulative, and not to bar or affect any right of action, rule, or other ?af." ls B e ' 
proceeding authorized by law. Ib -> § 3. 

Sec. 60. That whenever a Sheriff' shall collect moneys in cases that collection of 
have been entered in the books of his predecessors, he shall enter the said mor "jyS; 

... » i i ■ i (»i-i lb., £ 4. 

cases in his own execution book, with an account of the said moneys so 
collected. 

Sec. 61. The fees of Sheriff's, in cases herein specified, shall be as fol- she riff's fees. 

low, • 1870, XIV, 400, 

1U "" • §8. Eice,301. 

For entering every writ, process, warrant or execution, and making 
endorsements thereon, fifty cents; for serving every writ or summons, be- 
sides mileage, one dollar ; for bond in any case, one dollar and fifty 
cents; for commitment and release, each fifty cents ; for serving each 
venire for Grand Jury, ten dollars ; for serving each venire for petit 
jury, twenty dollars ; for serving each bench or other warrant in the ses- 
sions, attachment for contempt of Court, besides mileage, each one dollar 
and fifty cents ; search for person or goods not found and returned on 
the execution non est inventus or nulla bona, besides mileage, one dollar ; 
levy, attachment or other execution, besides mileage, one dollar and fifty 
cents; dieting persons, per day, forty cents; executing convict, including 
all charges for burial and other expenses, twenty-five dollars ; bringing 
up prisoner under habeas corpus, to be paid by the prisoner, if able, (if 
not, by the County,) besides mileage, two dollars; conveying prisoner 
from one place to another, besides all necessary expenses, and returning, 
ten cents per mile ; each guard for Sheriff, in conveying prisoner, two 
dollars per day ; commissions on all moneys collected by him, if under 
three hundred dollars, two per cent, if over that sum, two per cent, on 
the first three hundred dollars, and one per cent, on balance ; one-half of 
one per cent, on all moneys paid out of office on all executions lodged ; 
execution lodged to bind, with order not to levy, one dollar; advertising 
defendant's property, in addition to printer's bill, one dollar ; drawing 
deed or mortgage, three dollars ; bill of sale, one dollar and fifty cents ; 



156 OF COUNTY CORONEB. 

each notice served on set of Managers of Election, besides mileage, one 
dollar and fifty rents ; in case of ejectment, and ejecting tenant or others, 
five dollars ; summoning Coroner's jury and witnesses, to be paid by the 
County, five dollars. 

Liable to for- Sec. 6*2. If the Sheriff shall charge any other fees or for any other 

leit ten times t 

amount of ex- services than those allowed by law, he shall be liable to forfeit to the 

if impro- . . 

perfees. How party injured, ten times the amount of excess of fees so improperly 

rpcovorctl. 

L840,'xi 151 charged, to be recovered by action in the Court of Common Pleas, in 
5 b. MeM.,275. -^h^.h. no imparlance shall be allowed, or by rule. 



CHAPTER XXI. 
Of County Coroner. 

Skc. >» 

1. Election of Coroners. 13. coroner to act as Sheriff in cases In 

•i- Coroners to perform duties of office which the Sheriff is interested 

until successors shall qualify. 14 Vacancy in office of Coroner to be filled 

by the Governor temporarily; pro- 
viso. 
15. Coroner to enter in a Suitable book his 
proceedings as - i sift; book to he 
left iu Sheriff's office. 



3. To enter Into bonds: sureties and 
amount of bond ; "where lodged. 

I. To take oath to enforce law against 
gaining. 

5. Governor to commission. 



*>. Coroners may appoint deputies. 16. Not bound to act, except specially in- 

7. Certificates of appointment of depu- | structed, &c. 

ties. 17. To make a list of prisoners when en- 

B. Coroner not to act as Jailer, Deputy tering upon duties of Sheriff. 

Sheriff, Ac. 18. To turn over papers, &c, to succee 

9. To keep an office at Court House; to ing Sheriffs. 

keep book of inquisitions in his 19. Book of inqnisitio 

office. 20. Inquisitions, &c, to be returned to 

10. Trial Justice to act as Coroner, in what ' Clerk. 

cases. .' . Endorsement onreturn, 

11. Coroner to take inquests. 22. Fees allowed to Coroni 

12. To view body of a person dying by the • 

bite of a rattlesnake. 

Election of Section 1. That there shall be a general election lor the i 
187 xry 338 County Coroners, held in each County, on the third Wednesday of 
i 1, October, A. I>. 1872, and on the same day in every fourth year there- 

after. 

Coroners to ^ _ ~ , . ~ .-_ in • .- i 1 

perform du- Sec. 2. That the County Coroners shall continue to perform the duties 

until their respective offices until their successors shall be elected ami 

orsshallqual- ,.. . 

ify. qualified. 

lb., ',. 2. 



OF COUNTY COKONER. 157 

Sec. 3. That the County Coroners, before receiving their commissions, bonds te sure° 
shall enter into bonds, to be executed by them anil any number of sure- a ^* nt aiul of 
ties, not exceeding twelve nor less than two, to be approved by a ma- }„j',^; a Whei ' e 
jority of the Board of County Commissioners, that is to say : Of the " ws, xiv.w, 
Coroner of Charleston County, ten thousand dollars; of the Coroner of 
each of the other Counties, two thousand dollars. Said bond to be 
lodged in the office of the County Commissioners of their respective 
Counties. 



Sec. 4. That every Coroner shall, before he is qualified to act, in addi- Totakeoath 
tion to the oath of office, take an oath to enforce, and, to the extent of a°ahist C "ara'- 
his power and abilitv, carry into effect the law against gaming, and, in u 'S-_ 

. .... . 1S16 VI °7 §3 

all cases, to bring to justice violations of the same, whenever such viola- 



tions shall come within his view and knowledge. 



Sec. 5. When a person has been elected, or designated for appoint- Governor to 
ment, to the office of Coroner, and has taken and subscribed the oath of j,-— — const 
office and given bond, as required by law, it shall be the duty of the f 1 '*^)? 'Ji* 1 .' 
Governor to issue a commission to him accordingly. 1 1T - 

Sec. 6. That the Coroner of any County may appoint one or more coroners 

deputies, to be approved by any Judge of the Court of Common Pleas of SputiS? "" 
such County, who shall take and subscribe the oath prescribed in Sec- i870,xiv, 332 

tion 30, Article II, of the Constitution, prior to entering upon the 
duties of said office. Said oath may be administered by any officer au- 
thorized to administer oaths in the County. 



Sf.c. 7. That the appointment of every such deputy shall be evidenced certificate of 
by a certificate thereof, signed by his principal, and shall continue during SPuepoUes' 
the pleasure of the principal; and every principal may take such bond lb., J2. 
and security from his deputy as he shall deem necessary to secure the 
faithful discharge of the duties of his appointment; and the principal 
shall, in all cases, be answerable for the neglect of duty or misconduct in 
office of his deputy. 



Sec. 8. No Coroner shall act as Jailer, Deputy Sheriff, or under any Coroner not 
appointment by a Sheriff; and if any Coroner shall accept, or shall act er, Deputy 
under the appointment of the Sheriff of his County, his office shall be ,...,, X J' T1 ;; 
vacated, and the same shall be filled in the manner provided by law in 
case of vacancy from any other cause. 



Sec. 9. The Coroner shall keep an office at the court house in his ofl T", ^''com-i 
County, which shall have proper fixtures, and in which shall be kept his H ouse o k T< i 
book of inquisitions, which book shall be public property, and shall be inquisition in 
turned over to his successor in office. — ibTrej §3sT 



158 OF COUNTY CORONER. 

Trial Justice g EC \q Any Trial Justice of the Couuty is authorized and required 

to act as Corn. -' j i 

ner; in what t exercise all the powers, and discharge all the duties of the Coroner in 

lb., 33, §297" holding inquests over the body of deceased persons, and taking all proper 

proceedings therein, in all cases when the Coroner of the County be sick 

or absent, or at a greater distance than fifteen miles from the place for 

such inquiry, or when the office is vacant. 



coroner to g EC _ n_ Every Coroner, within the County for which he has been 
lb~~727¥& elected or appointed, is empowered to take inquests of casual or violent 
deaths, where the dead body is lying within his County. 



To view body Sec. 12. That if any person shall be bitten by a rattlesnake, and shall 
ing P by S bite of die suddenly and immediately of such bite, such death shall be deemed 
a rattlesnake. v ; ] en t and untimely death, and the Coroner shall have a view of such 

1706,11, 273, $10. • 

body, and make enquiry thereon as of any other body that came to any 
other violent or casual death. 



coroner to Sec. 13. If the Sheriff shall be a party plaintiff or defendant, in any 
in 1 c4sT's el in judicial process, execution, warrant, summons or notice to be served or 
Sheriff is *££ executed, within his County, the Coroner shall serve or execute such pro- 
terested. ee execution, warrant, summons or notice; in the discharge of which 

1839 XI 7 v , ° 

§«. '_ duties, he shall incur such liabilities as would, by law, attach to their 
performance by the Sheriff himself. 



vacancy in Sec. 14. That in the event that a vacancy shall occur in the office of 

ofhce of Coro- •* 

nertobe Ailed Coroner in any County of the State, whether by death, resignation or 

by the Uover- J J ... m 

nor, tempora- otherwise, the Governor shall, by proclamation, designate some Trial 
lb ;i ; g- Justice of the County wherein the vacancy occurs, to act as Coroner 
is.o, xiv, 3ii, un {ji j by order of the Legislature, an election shall be had to fill the va- 
cancy. 



coroner to Sec. 15. The Coroner, while discharging the office of Sheriff, shall pro- 
suitable. 1 book vide a suitable book, in which he shall enter such executions or other 
inga ! a- 0t< sh','- papers as lie may be directed to enter by competent authority; and also 
"5" - all new writs, processes, executions or other papers, proper to be entered 

by a Sheriff; and also all his proceedings as Sheriff, in manner and form 
Book to be • 



]'H in She- Sheriffs are required by law to do; which book, or a certified copv 
riff's office. 

thereof, he shall leave in the Sheriff's office, as a record. 



Not hound Sec. 16. The Coroner shall not be bound to act upon any papers in 

Lir? oe in! the Sheriff's office, except lie be specially instructed ; nor shall he be 

strueted^Ae. i„, mK i tnembrace, in his return to the Clerk's office, any ex© ution found 

in the Sheriff's office which is not entered in his book, or upon which he 

may not have taken any proceedings. 



OF COUNTY CORONER. 



159 



Sec. 17. As soou as the Coroner shall enter upon the duties of Sheriff, u^^^J 
he shall, in the presence of the Clerk of the Court, or Jailer of the ®erfX h oS .'iu- 
County, if there be one, make a list of the prisoners in the jail, signed ties of sh eriff. 
by himself and the Jailer, entered in the Coroner's book, and the origi- 
nal lodged in the Clerk's office. 



Sec. 18. Upon retiring from the Sheriff's office, he shall turn over the To turn over 

,t. ii ■ ■ •! m papers, &c, to 

papers of the office, and the prisoners in jail, to the succeeding Sheriff, succeeding 
in manner and form as Sheriffs may be required to execute the same 



duty. 



lb., i 46. 



Book of In- 



Sec. 19. Every Coroner shall keep a book, to be called "The Coro- 
ner's Book of Inquisition," into which he shall copy all inquests found **' »-^g. 
within his County, together with the evidence taken before the jury, and 
all proceedings had before or after their finding. 



Sec. 20. The original inquisition aud evidence, as taken by him, shall inquisitions, 
be returned by the Coroner, within ten days nestafterthe finding thereof, turned to 
to the Clerk of the Court of General Sessions for the County in which it c 
was found. 



lb., I 32. 



Sec. 21. The Coroner, before he returns such inquisition and evidence, indorse- 

ment on re- 
turn. 



shall endorse the same in this form : 



lb., i 33. 



" South Carolina, ) 

County, J 

The State vs. The Dead Body of A. B. 

Inquisition taken this day of A. D. by 

Coroner for said County, entered and recorded in Coroner's Book of In- 
quisitions, page , this day of A. D. 

Sec. 22. The Coroner shall be entitled to the following fees: For. every F°es allowed 
inquisition, ten dollars ; for mileage going and returning, per mile, five to co ro ner. 
cents; for each warrant issued, fifty cents ; for each commitment, fifty \V ' ' 
cents ; for each recognizance, seventy -five cents ; for each body disin- 
terred, three dollars ; for recording proceedings in each inquisition in his 
book, per copy sheet of one hundred words, fifteen cents ; for performing 
the duties of Sheriff, the same fees as are allowed Sheriffs for like ser- 
vices. 



160 



OF CLERK OF COURT. 



CHAPTER XXII. 
Of the Clerk of Court of Common Pleas and General Sessions. 



Sec. 



Clerks of Sessions and Common Pleas; 
Deputy Clerks. 

Special oatlis to be taken; commis- 
sion to l»e read in Court and entered 
in Journal. 

Depufj »s oath of office. 

Certificates of appointment of Deputy 
Clerk. 

Clerks to give bond before receiving 
commission; of sureties; amount of 
bond. 

Office (lays and hours; duties, &e. 

Clerical regulations of office; cases 
forpapers; seal; record books. 

Clerk to have charge of court house ; 
penalty for keeping open at night. 

To file original paper of record-, &c 
Filing of original papers m the S< -- 
sions; endorsement of other papers, 
and manner of filing. Labels; en- 
dorsements to be made upon the re- 
cord ; on bills of indictment; on 
Sessions papers; on executio 
Original papers in dower— how filed. 

Books to be used by Clerks: 1. court 
of Common Pleas Journal; 2, Court 
of General Session- Journal ; ■'!. 
Indexes to Journals of Common 
Pleas and General Sessions ; 4. Rules; 
5. Dockets; entries in, made bj 
Clerk; Sessions Docket— to contain 
what; Contingent Docket, to con- 
tain what ; *:. Abstract of Judgments; 
what contains; 7 Sessions index; - 
Pleadings ami Judgments; '.*. Confes- 
sions of Juderment before Clerk ; 10. 
Fines and Forfeitures; 11. Trial Jus- 
tices' ami Constables 1 Boll; 12. Es- 
trays; 13 Book of Orders appointing 
Receivers of Judgment Debtors; 14. 
Miscellaneous Index; names of 
aliens who have taken steps toward 
naturalization, persons concerning 
whom proceedings de lunatico inquv- 
rendo may be instituted, aliens natu- 
ralized, and certificates, &C, con- 
cerning corporations, &c., to be en- 
tered in. 

Size of books required to be kept by 
Clerk--. 

To read Minutes to Judge before ad- 
journment daily. 

Books tin<) records not to be removed 
from clerk's office ; pleadings may 
be inspected by parties, or tneir at- 
torneys, during pendency of suil 

Abstract of lost Judgments and dec] 
to be kept i-'\ Clerks where public 

I- Ci U'dS W ere lOSI or desl n '\ >■■[ 

Clerk may administer oaths, &c M sign 
orders of reference — when ; take re- 
nunciations of dower and inherit- 
ance. 

.\<t a- attorneys, Ac. 

Not to act as Sheriff or Deputy Sheriff. 

To enforce jury law--. 

To make i*»»u of Jurors and Consta- 
bles, showing amounl due each, Ac.; 
copy to be [urnished County Com- 
missioners; to furnish oerttfici 
to Jurors and Constables; form of 



Bbo. 

certificate; certificate? to be signed 
by the Judge, or Sheriff in his ab- 
sence 

20. To adjourn Court in the absence of 

the Ju 

21. To issue executions, bench warrants, 

and all other processes; to sign all 
judgments officially. 

22. To judge of sufficiency of security for 

costs when ordered to be given"; di- 
rections as to undertaking. 
23 To grant writs of dedimus potest* 
for w hat purposes. 

24. Satisfaction of judgments and mort- 

gages to be entered of record. 

25. To advertise for election of certain 

officers, &c.; liable to indictment for 
willful neglect. 

26. To act as Judge of Probu'e when the 

office i.s vacant. 

27. To act as Sheriff when that office is 

vacant. 

28. Renewal or satisfaction of executions 

to be appropriately entered in ab- 
stract bonk. 

■29, To administer oath of office to Trial 
Justice-; to transmit list of those 
who have qualified to Secretary of 
State 

30. Oath**, bonds and sureties of Consta- 

bles. Clerk to furnish Constables 
eei i ificates of qualificat on. 

31. Clerks to render accounts under oath. 

32. .Accounts to be examined by Judge, 

and approved by County Commis- 
sioners. 

33. Official certificates to be furnished 

certain officers by Clerk. 

34 To furnish certificates of liens on pro- 
perty of persons offered as surety on 
bonds of public officers. 

35. To keep weights and measures ; same 
to be purchased by Governor. 

36. Clerk to render annual accounts to 
County Commissioners ; penalty for 
neglect. 

37. Responsible for furniture and papers 
in his office ; penalty for not trans- 
ferring to his successor; liable for 
damages to same. 

33. Fine--. Sic, to be turned over forth- 
with ; to pay 01 ■■ taxes re- 
ceived from plays and .show-.. 
laity for not paj tng over funds. 

40. Penalty for not paying over lines and 

forfeiture-. p< Quit? for not giving 
nui it-e to county Commissi) 

41. To account for inoneys at each ses- 

sion. 

4-2. Bill of costs to be attached to execu- 
tions. 

43 Fee- allowed t<> Clerks. 

44. -Liability for overcharges ; how recov- 
ered. 

■ 

erks to be, in each County. 
ii to be taken as Commissioners. 
it. 'J'" be provided \\ ith cases and books 
by County Commissioners. 



Clerks of 
Sessions and 
Common 

Deputy Clerk. 

\->\-, MY, lit, 
17; 1870. XIV. 
I. 2, S; 
i ode of Pro- 
cedure, j-33. 



Sin tion 1. The Clerk elected in each County, under the provisions of 
Section 27 of Article IV of the Constitution, shall be Clerk of the Courts 
of General Sessi ins and Common Pleas, and may appoint a Deputy, to be 
approved by the Courl of Common PJeas, a record of whose appointment 
shall be made in the Clerk's office; and in case no Clerk exists, the 



OF CLERK OF COUET. 16] 

Judge shall have authority to appoint a person, who shall perform the 
duties of Clerk, aud be required to give the usual bond before entering 
upon the duties of the office. 

Sec. 2. Every Clerk aforesaid, before entering on the duties of his specialoaths 
office, in addition to the oath prescribed by the Constitution for persons _ be tak '!"- . 
chosen or appointed to any office of profit or trust, shall take the follow- 1839, Xi,'a9,'? 2.' 
ing: "I, A B, do further swear (or affirm) that I am under no promise, 
in honor or law, to share the profits of the office to which I have been 
elected, (or appointed, as the case may be,) and I will not, directly or in- 
directly, sell or dispose of said office, or the profits thereof, but will 
resign or continue to discharge the duties thereof during the pe- 
riod fixed by law, if I so long live : So help me God ;" which said 
oaths shall be endorsed upon the commission, subscribed by the officer, 
and attested by two Trial Justices of the County, for which the said 
Clerk shall have been elected or appointed ; and at the opening of the to^i™ "vfid'Tn 
first term of the Court which may be held thereafter, the said Clerk shall ^^rajotu> 
produce his commission, with the endorsements aforesaid, and after the " al - 
same has been published, by being read in open Court, shall make a fair 
entry thereof in the Journals of the Court. 

Sec. 3. That every such Deputy shall, previous to entering on the Deputy's 

oath of office. 



1S70,XIV,332,,3 



duties of his appointment, take the oath or affirmation prescribed by the 
Constitution of the State ; and, when so qualified, the Deputy may do 
and perform auy and all of the duties appertaining to the office of his 
principal. 

Sec. 4. That the appointment of every such" Deputy shall be evi- certificates 
deuced by a certificate thereof, signed by his principal, and shall con- mento?De™^ 
tinue during the pleasure of the principal ; and every principal may take ty clerk. 
such bond and security from his Deputy as he shall deem necessary to 
secure the faithful discharge of the duties of his appointment, and the 
principal shall, in all cases, be answerable for the neglect of duty or mis- 
conduct in office of his Deputy. 

Sec. 5. That the Clerks of the Courts of Common Pleas and General clerks to 
r. . n . s~. . . , . ~, ip ■■ i- -• give bond he- 

bcsjions oi the Counties in this htate, beiore receiving their commissions, fore receiving 

shall enter into bond, to be executed by them, and any number "of sure- of sureties. 

tics, not exceeding twelve nor less than two, to be approved by a ma- 186$, XLV, 19, 

jority of the Board of County Commissioners, that is to say : The Clerk 

of the Court of Common Pleas and General Sessions for Charleston 

County, twenty thousand dollars ; the Clerk of the Court of Common Amount of 

Pleas and General Sessions for each of the other Counties, ten thousand 

dollars. 

Sec. 6. That every Clerk shall give constant attendance, either by office days 

, , , . „, , r , , /-,,.. t-. i i • ami hnui'S,clu- 

person or by deputy, m his office, (Sundays, Christmas Day, and Anni- tics, &o. 
vcrsary of American Independence excepted,) to be kept in a room to ^.j' 839 * XI ' 100 ' 
21 . 



162 OP CLERK OF COURT. 

be provided for that purpose, in the court house, and shall discharge all 
the duties required by law, or the rules of Court, from time to time, or that 

may be incident to the office; make a full, fair and correct entry and 
record of the proceedings of the Courts, and other matters pertaining to 
his office, in the various books' required to be kept, conforming to the 
mode prescribed hy law, order of the Court, or usage of the office; file, 
in their proper order, all original papers, in causes instituted, or other 
authorized proceedings, and preserve with care all papers, books and fur- 
niture pertaining to, or connected with, his office. 

Clerical reg- Sec. 7. The office of every Clerk shall be furnished with suitable 

Ace. cases, with proper partitions for filing papers, under appropriate labels, 

lb., § 5. we ]l secured from dust by means of shutters filled with glass, to slide on 

rollers, with labels painted on the outside, indicating the kind of records ; 

and on the case, inside, label the number roll (or, if in session, the term | 
Cases for pa- 
pers, of the papers contained within each partition; the lower part of which 

cases shall tie divided into convenient apartments for the books of the 
office, with doors secured with proper fastenings, with labels painted out- 
side indicating the particular descriptions of records contained in each 
division, that is to say : "Journals," "Dockets," "Records. After Judg- 
ment," "Miscellaneous Records" and "Register's Department." Each 
Seal. office shall be furnished with a seal of office, with the proper device, a 

screw, and such blank books for the various records as may be needed 
from time to time, to be procured by the Clerk, the expenses thereof to 
be defrayed by the County Commissioners. 



Record books 



Clerk to bave Sec. 8. Every Clerk shall have charge of the court house within bis 

courthouse* County ; open the same, when required for public use, and at all other 

keeping y open times keep it closed ; and for every night any court house shall be kept 

at mgiit. open, the Clerk shall be liable to a penalty of five dollars, for the use of 

Ib.,lul, §u. , r ' , ,,'.-' 

the County, to be recovered by indictment. 

Toflieorigi- Sec. 9. The original papers of record in each cause wherein judgment 
recordf&c. maybe signed or confessed, or decree may be entered, shall be filed, ac- 
Ib -> § 7 - cording to the number of enrollment, in the book of abstracts of judg- 

ments, or of decrees, placing all the papers in each cause together. 
Filing of orig- Original papers in the sessions shall be filed according to the term at 
the Sessions, which they were disposed of, alphabetically arranged for each term, ac- 
cording to defendants' names, all relating to the same cause together. 
Other papers required to be returned to, or kept in the office, shall be en- 

Eudorsemenl i i i i 

of other pa- dorsed with the character, date of filing, and number ou file, numbering 

pers and man- . .- 

aer of filing, each kind, from one onward, and keeping all relating to the same mat- 
ters together, under the same number, and shall be filed according to 
date and number, in appropriate boxes, with suitable labels, put up in 
packages, rated according to the year in which they may be filed; upon 
the envelope or card there shall be an endorsement of the description or 
kind of papers therein, and reference to number, under the following 
heads: Bondsin Attachment, Bonds of Constables, Certificates fromSu- 
preme Courl of Trial Justices' Appeals, Commissions, Inquests by Coro- 



Labels. 



OF CLERIC OF COURT. 1 63 

ner, Reports, &c, de Lunatico Inquirendo, Naturalization, Venire Facias, 
Estrays, Dower, Partition, Escheats, Affidavits, Attachments for Con- 
tempt and Rules, Sessions pipers disposed of, to be transferred after judg- 
ment, where the same may lie authorized. The following endorsement Endorse- 
shall be made upon the record where the proceedings warrant it, viz.: On made" upon 
the judgment roll, the date when filed, number on docket, date and lereco ' • 
amount of judgment in figures, amount of taxed costs, judgment when 
signed, execution, dale of issuing, and at the top, at some conspicuous 
place, the number roll. On Bills of Indictment, date and character of 0ll Bins of 
rinding by Grand Jury, number on docket, arraignment, verdict or other Il » aict » u;a t- 
disposition, and date, amount of taxed costs, execution, date of issuing, 
and kind. On all papers returned by Trial Justices in the Sessions, shall 0q Sessions 
be endorsed their character, and date of Sling. On every execution, be- P a P ers - 
fire leaving the Clerk's office, shall be endorsed, near the top, the number Ouexeutions. 
roll, or, if in the Sessions, the term under which the case is filed, and in 
all instances, when an execution is returned for renewal, the fact and 
date of such renewal shall be endorsed on the execution so returned, and 
on the renewed execution shall be endorsed the date when first execution 
w.is lodged in Sheriff's office. All original papers in dower, partition of 

i i • • - • i ii i n i t i hi Original pa- 

real estate, and inquisitions, shall be hied according to number roll, the persindower, 

... , i-ii , i i i uow filed. 

papers pertaining to each case being placed together, and the number 

r. >1I plainly endorsed on the envelope, or outside paper, and also the book 

and page of record. 

Sec. 10. That the books to be used by the several Clerks shall be well Books to be 
bound and of good materials, as follows: iETi oa, g 8. 

1. "Court of Common Pleas Journal" — Which shall contain a full i. court or 

• Common 

account of the proceedings of Court, from the opening to the adjourn- rieas Journal 
ment, excluding motions refused. A short statement of each case called, 
and manner of disposition, and every order of reference, eac h under a 
general order, as far as may be; record of the names of the jurors com- 
posing each Jury; and all changes therein, and designating the Jury who 
may try each cause under the title thereof, together with an "exact copy 
of their verdict; and whether upon trial before Jury or Judge, or by 
default, and if in default, whether in proof or reference, and all assess- 
ments, each in words at length, and not in figures; awards confirmed; 
confessions of judgment during Court; final judgment; copies of all 
orders passed, or motions granted, and other matters specially ordered by 
the Court to be entered. 

"_'. "Court of General Sessions Journal"— To be kept in a 2. court of 
'separate volume, after like manner, as far as may be, and including the sions journal 
finding of Grand Juries on bills given out with their other presentments; Ib >1f 2 - 
and sentences of the Court on parties convicted; orders of estreat; fines 
imposed, and other matters specially ordered for entry by the Court. 

3. "Indexes to the Respective Journals of the Common Pleas s.indexesto 

- m 1 Journals ot 

and General Sessions — To be alphabetically arranged at the end ot . Common 

Pleas and 

each volume, which Index shall always be brought up by the first day of General Sec- 
each succeeding term. is w,xn,70. 



lt>4 OF CLERK OF COURT. 

4. Rules. 4 " Rules '' — In which shall be entered every case, on filing the com- 

, >,«':;.' ' J ' plaint, showing, in separate columns, names of Parties, Plaintiff's Attor- 
ney, Defendant's Attorney, date of filing Complaint, date of Answer, 
Demurrer, etc., replication, and date of order for Judgment. 



5. Dockets, en- 



5. "Dockets" — For Issue, Sessions, and Contingent, to be kept in sep- 
tries in made arate volumes, for the use of the Court; and a Bar Docket, in a single 

"ib., «h. volume, to be made on and before the meeting of the Court, and the 

« Rich., 226 j gsue Calendar and Contingent, to be kept up as the pleadings are made 
up, or cases occur during the term, for both the Court and the Bar. No 
cause shall be entered on the Docket, except by the Clerk, or his 
Deputy, nor by him, until the pleadings are made up. The Dockets for 
the Court shall be regularly preserved as a record of the Court, and shall 
show, in separate columns, the number of Cause, number of Term, 
names of Parties, cause of Action, Plaintiff's Attorney, Defendant's At- 
torney, (and, in the Sessions, Prosecutor's name ;) Order of the last Court, 
and place for the event of suit, to be entered by the Judge. 
Sessions The Sessions Docket shall contain, separately arranged, cases of the 
tiiiu what. " previous term, under the title "Traverses;" and cases under the present 
term, under the title "Calendar." 
Contingent The Contingent Docket shall contain, in the Sessions, all the Rules, 
tain what. " Bills found in which. Defendants have not been arrested, and cases struck 
off, but in which 7iol pros, has not been entered, to be called on motion 
of the Solicitor. 

6. Abstract of 6. "Abstract of Judgments" — In which shall be entered each ease 
whafeontalns wherein judgment may be signed, including each case in dower, partition, 
ib.,1T 5 j code and escheat, after judgment or final order, with separate columns, show- 

of Procedure, . . , _ ■ ,, „■■-.. „ . • . 

?' 269, 28R, 3n:i, ing number ot Enrollment, names of Parties, cause of Action, Attorney, 

805, 336, 337, 3(10, , » x , pti • ui_.-rx.ii_ 

400,401. date of Judgment, amount of Judgment, time of bearing Interest, now 

Judgment obtained, Costs, (separating Attorney, Clerk, Sheriff, Wit- 
nesses and Total,) kind of Execution, date of Issuing, Sheriff's Return, 
when Renewed, and Satisfaction, together with an Index, by the names of 
Defendants, and a cross Index by the names of Plaintiffs, each alpha- 
betically arranged and kept in separate volumes, with the number of en- 
rollment of Judgment. 

7. sessions 7. "Sessions Index" — Bynames of Defendants, alphabetically ar- 
Index. ranged, together with the offence charged, disposition of the case, and the 

1839,XI,104,U;. B > 6 & i I 

term when ended, and number on file. 

8 Pleadings &■ "Pleadings AND Judgments" — In which shall be entered, at 
mul juclfe'- length, the Complaint, Answer and Judgment in each cause wherein 
p. , «] h. " judgment may have been signed, and also the proceedings in Dower, Par- 
tition and Escheat, when the final order and judgment of the Court shall 
have been had, with an Index to name- of Plaintiffs. 

i confes- p_ •■ Confessions of Judgment Before Clerk" — Into which 

mioiis nl ]tm«- 

("'I'c'rk before shall be entered such proceedings kept with reference to the number of 

iii.« '.i;< mir enrollment in Book of Abstracts, instead of page, together with an Jn- 
of Procedure, 1 ,1 • .• , i . ,, c r-. c j 

199, 100,401. ( ' (,>; to tins particular volume, in the names ol Defendants. 



OF CLERK OF COURT. 16o 

10. "Fines and Forfeitures "— In which shall be entered the fo 1 ^ l ^|: U1 ' 1 
nanus of ail persons fined by the Court, or whose recognizance may be i?3», xi.icu, 

ated, with separate columns, showing names, cause of fine, when 
I, by whom fined, amount of fine, to whom due, when collected, by 
whom collected, why not collected, when paid over, and to whom. 

11. "Trial Justices' and Constables' Roll" — In which shall be n. TriaUns- 
entered the name of each Trial Justice and Constable, on taking the stables' Ron." 
oaths of office, representing, iu separate columns, the names, date of qual- ib.,TU. 
ideation, office, expiration of term, a genuine signature, and, in the case 

of a Constable, the names of the sureties to his bond, with an index of 
eifch name, alphabetically arranged. - 

.12. " Estrays" — In which book shall be entered, in separate columns, u. Estrays. 
date of entry, kind of entry, description by appraisers, and their names, lb., his. 
name of the Trial Justice, appraiser's valuation, by whom taken up, when 
sold, and disposition of proceeds. 

13. " Book of Orders Appointing Receivers of Judgment Debt- is. orders,&e 

„ Code of Pro- 

ors. cedure, j SH. 

14. "Miscellaneous Index" — In which shall be entered, alphabeti- n. Misceiia- 

.. neous Index. 

cally, the names ot all aliens who have taken any step towards naturali- 1S39, xi, 104, 
zation ; all persons concerning whom proceedings de lunatico inquirendo * 14, 
may be instituted ; names of aliens naturalized ; certificates and papers Xames of 
concerning corporations, and all matters required by law to be recorded have taken 
and not otherwise provided for, referring to papers on file by number "" naturanza- 

1111 tion, &e. , 

and label. 



Sec. 11. The preceding books, required to be furnished and kept by sizeofbnok-s 

require ' * 

kept 
Clerks. 



the Clerk, shall be of the following sizes, respectively : re kept e ' by e 



1. Court of Common Pleas Journal, General Sessions Journal, Rules, Ib > "*> '■ s - 
Fines and Forfeitures, and Estrays, each of the size denominated " Demi ;" 
the Journals containing not less than six quires each, and the other books 
not less than three quires each. 

'1. Docket, Sessions Index, Confessions of Judgment before Clerk, 
Trial Justices' and Constables' Roll, Book of Orders Appointing Re- 
ceivers of Judgment Debtors, and Miscellaneous Index, each of the size 
denominated "Broad Cap," the first named containing not less than two 
quires, and the remaining books not less than four quires each. 

3. Pleadings and Judgments, iu a volume not less than the size de- 
nominated " Medium," containing not less than six quires. 

4. Abstract of Judgments, of the size denominated "Super Royal," 
containing not less than four quires. 

5. Indexes to preceding volumes, of the size denominated " Long 
Demi," containing not less than six quires. 



1G6 OF CLERK OF COURT. 

To read min. £ EC- 12. That to prevent false and erroneous entries in the Journals of 

utcs to .ludye 

before ad- the Courts of Common Pleas, it shall be the duty of the Cierks of the 
jmirnment, . . ... 

flatly. _ said Courts, respectively, on each day previous to the adjournment ot the 

1791, vir, 279, Qquj.^ t, read over to the Judge who may preside the minutes or entries 
which shall have been made during the day in the said journal. 

Books and • 

recordsnotto g fia jg The Clerk shall not, in any case, permit either the books or 
office. cl<;lU ' s records to be removed from his office, though it shall be his duty at all 



Pleadings 



may 



be in! times to permit either party to a suit, or his agent, or attorney, to inspect 
p?ed te by°par^ or C0 P.y> during the pendency of suit, any papers pertaining thereto, with- 
''■I'ttnriim" ou * charge, or to furnish, on application, certified copies thereof, on pay- 
pcndiiig suit. nien t of fees per copy sheet. 

1P39, -XI, 105, 
§9- 

Abstract of Sec. 14. The Clerk of the Court of Common Pleas in each of the 
merits and de- Counties of this State, in which the public records in the custody of such 
kep e t S byCierka officer were destroyed or carried away during the war of 1861, '62, '63, 
where'pSbifo '64 and '65, or in any other way lost, shall, at the expense- of the funds 
inst°"oi-" l <n> m tne hands of the County Commissioners for his County, procure a book 

?^ 1 l 0> - e<1 - er books of proper size, and suitably ruled and securely bound, to be 

j 2. ' labelled "Abstracts of Lost Judgments and Decrees," or, "Of Lost 

Decrees," as the case may be, in which be shall enter an abstract of 
every judgment or decree, a new record of which shall lie ordered 
to be substituted, setting out in distinct and appropriate columns all 
the particulars required to be ascertained by the order of the Court, 
and such entry shall, without other or further record, be good and suffi- 
cient in law for all purposes for which the original record itself could 
have been used, and of equal authority therewith in all respects. 

administer Sec. 15. That the Clerks may administer oaths, take depositions ami 
sign orders of affidavits, sicrn orders of reference in vacation made by consent of par- 
- 1839 — x^ai ti es > an d take renunciations of dower and inheritance. 

£32. 

May act as Sec. 16. They shall have the privilege of acting as Attorneys and 
~mi~itVl38 Solicitors in all the Courts in the State, except in the Courts of their respec- 
tive Counties, provided they shall have complied with the requirements 
of law regulating the admission of persons to practice as Attorneys, So- 
licitors and Counsellors in the Courts of this State. 



sheriff or°De! Sec. 17. They shall not act as Sheriffs or Deputy Sheriffs, except as 

'"'I'^'xT'lr P lovif,ed b y Section 4, Chapter 20, of this Act. 

JJS2. ' 

Sec. 18. It shall be the duty of the Clerk, diligently and uprightly, 
Jury law s, to put in execution the laws of force directing the drawing, balloting, 

II'., Kl.i, § 1(1; . 1-1 c ■ i- 1 • 1 

1888 xiv 236. lmpannehng, and summoning ot jurors, so far as Ins co-operation may lie 
& ''^' x,v ' required. 



OP CLERK OF CoULT. 167 

Sec. 10. That immediately after the adjournment of any Court of af^ra^d 
Common Pleas and General Sessions, the Clerk thereof shall make out a 8 £ ) > "-'i!i' ,,: Y ; ., 
mil of the Grand Jurors, and Petit Jurors and Constables who shall have i ""^ u " s ! e ,Uu ' 
attended the same, exhibiting the name, time of service, and amount due is39,xi,in.. i 
each Juror and Constable, and the term at which the service was per- copy to be 
formed, and shall enter the same on the Journals of the Court of the county 5 com- 
term when such service shall be performed, and shall forthwith transmit ml " lonels - 
to the County Commissioners of the County a certified copy of such roll, certificates to 
and shall furnish each Juror and Constable with a certificate, in the fol- • c l ' n T;abiei! nd 
lowing form : 



Form of cer- 



Certifieate to 



" State of Soura Carolina : 

1, A B, Clerk of the Court of Common Pleas and General Sessions 
for County, in the said State, do certify that 

attended as a Juror, (or actually served as a Constable, as 

the case may be,) for said County, - days at 

Term, A. D. , and is entitled to receive for the same 

dollars an'd cents;" which certificate shall be signed by 

the Clerk of the Court, who shall issue the same, and be countersigned by be signed' by 

t ■ ti i the JUC Vere, ra- 

the presiding Judge; or, in any case where a Judge may not be present Sheriff in his 

. absence. 

during the term, the certificate shall, be countersigned by the Sheriff of ' 
the County; and, in addition to what is above described, shall set forth 
such absence of the Judge ; and all certificates so issued and executed 
shall be valid. 

Sec. 20. Whenever it shall so happen that any Court of Law in this To adjourn 

. ... " ^ii Court in ab- 

State cannot be held at the time appointed, in consequence of the absence sence of the 

or indisposition of the Judge, it shall be the duty of the Clerk of such Ib ° >' i3 

Court, or his Deputy, to open and adjourn the same from day to day, 

until the Court shall meet, or until he may receive due notice that the 

Judge will not be present, when he shall adjourn the same until the fust 

day of the succeeding term. 

Sf.c. 21. It shall be the duty of the said Clerk to issue every execu- 

*" X'i issue exp- 

tion, bench warrant, or other process, issuable, or directed to be issued, eutions,bench 
i i /-i i. r, ■ ■ i > i » /-i in warrants and 

by the Courts ot Sessions, in the name ot the Attorney General or So- ail other pro- 

licitor of the Circuit, and also to issue all rules and notices ordered in Ib \ 07 , 16 

the Common Pleas, and test in his own name, under the seal of the 

Court, all writs and processes issued either in the Common Pleas or Ses- . To sign ail 

r judgments of- 

sions, and to sign officially all judgments, and state the time when each ficiaUy. 
is signed and entered. 

Sec. 22. Whenever security for costs may be ordered to be given, or to judge of 
may be tendered, by any plaintiff, in vacation or in term time, the Clerk security 07 tor 
aforesaid shall witness the signature of the surety, and shall, in the first dered^to" be 
instance, judge of the sufficiency of the security; the form of the under- fion"" as^To" 
taking to be according to law, or the rule of Court on that subject, if ™» dertak "' gi 
there be no law. 



168 OF CLERK OF COIIM'. 

writs°of g ete£j ^ec. -•-*• Tlie ^' lerk > as t0 laiu ' s within his County, ami deeds to be re- 
<'.",'," lov'nh'it cor ^ e< J in his office, is authorized to grant all writs of dedirrms potestatem, 

p urposes . directed to two or more Commissioners, for taking renunciations of 

dower, or releases of inheritance, from femes covert, or for the purpose of 
taking probate of the executions of all deeds under seal, where such 
femes covert, or the persons to prove such deeds, reside without the limits 
of this State. 

satisfaction S EC . 24. It shall be the duty of the Clerk, or of the Register of Mesue 
of judgments J ° 

ami mort- Conveyances, as the case may be, in whose office any judgment or mort- 
gages to be . . -jo 
entered of re- gage may be of record, on the receipt of the fees, to permit anyjudg- 

~~ ib7 109 a 19. nient creditor, or his or her attorney, or any mortgagee, as the case may 

be, to enter satisfaction thereof, or if any Judge shall order satisfaction 

to be entered thereof, to enter of record satisfaction accordingly. 

To advertise Sec. 25. It shall be the duty of any Clerk, or acting Clerk, to adver- 

for election of , 

certain offi- tise any election to be held for any Judge of Probate, Sheriff, or Clerk, 

eers, &c, lia- . * . * J? . 

Me to indict- to be elected in the County where such Clerk officiates, to supply any va- 

ment for will- . , _ . „, , . . „ , 

ful neglect, cancy occurring in either of such offices, where such vacancy shall exceed 
i'/sl-JiJirip- one rear > ano - issue notice to the Commissioners of Election to conduct 
terX, 35,32. the same, and for every willful neglect herein he shall be liable to in- 
dictment and punishment as for a high misdemeanor. 



To act as Sec. -6. That in case of any vacancy in the office of Judge of Pro- 

bat^wbeifthe ^ ate ' tne ^ er ^ °f tne County shall take charge of said office, and all 
office is va- 
cant. 



papers therein, and discharge the same duties, receive the same fees, and 
lssn, xi, 113, be subject to the same liabilities, as by law provided for a Judge of Pro- 
bate, until a Judge of Probate shall be ap] 
elected and commissioned for such County. 



5 on 

bate, until a Judge of Probate shall be appointed by the Governor or 



To act as ^ EC - ^ • That in case of vacancy in the office of Sheriff, the Clerk of 
Uru 'office' 'is tne County shall take possession of the jail of such County, ami charge 

vacant. f t ne prisoners confined therein ; and, also, possession of the Sheriff's 

office and the papers therein, until the Coroner for such County may take 
charge of the same, or until a Sheriff shall be appointed by the Gov- 
ernor or elected and commissioned for such County. 

n„ „ „i „„ Sec. 28. Whenever any execution shall be returned for renewal or as 

Renewal or J 

satisfaction of satisfied by any Sheriff, the Clerk shall enter such renewal or satisfaction 

executions to 

be appropri- j n the appropriate column of the abstract book, and, in case of satisfac- 

ately entered ill 

in abstract tion, shall enter the same on the original record, and it shall not be law- 
book. ° . 
ii. , m, I iiT ^l f° r an y Clerk to affix the seal of the Court to any reenewed execution, 
.j uicii , 5.J4. mi ],, ss t] lc oue previously issued shall have been delivered to him, or un- 
less authorized by a Judge's order. 

Toadminis- Sec. 29. It shall be the duty of the Clerk to administer the oath of 
tei-oatuofof- gj ce required r ,> De taken by Trial Justices appointed within his County, 

1 '" i 1 ' :, ,",V,',',!!» "" 'heir application, within nini ty Says of such appointment; and on the 
of state etary 1 ' r '~ t '' ; '- v "' November, annually, he shall transmit a list of the names of 

ib.. lis, 2 80. Trial Justices who have qualified during the preceding year, to the office 
of Secretary of State at Columbia. 



OF CLERK of coubt. ■ 169 

Sec. 30. It shall be the duty of the Clerk to administer the oaths of office a °f, th ^r™'es 

required by law to be taken by a Constable, on his entering into bond, as %Vi°i'k'i 

prescribed, of the sufficiency of the surety to which the said Clerk shall gjsh certify 

judge, to be filed in the office of Clerk; and the Constable shall furnish raitesof quaii- 
J ° ' ncation. 

a genuine signature of his uame in the book prescribed, whereupon the rb.,S3i. 
Clerk shall furnish an official certificate of such qualification : and when 
such Constable; as shall be summoned in writing by the Sheriff to attend 
each Court shall fail to appear, according to such summons, such de- 
fault shall be noted by the Clerk, and such other proceedings had as in 
case of jurors in default, or as the Court may order. 

Sec. 31. In all cases the Clerk shall render his account against the cierktoren- 
County for fees in State cases, under oath, to be taken and subscribed u^e/oau" 111 
before the Judge or auv Trial Justice of his County, in which the na- lb., 113, i 35: 
ture of the service shall be fully set forth, and if in the Sessions, the §2.'" 
name of the party, offence, charge, and termination thereof, and which 
.-ball be credited with all moneys received by him and due to the 
County ; nor shall any Clerk be entitled to receive any fees from the 
County, in any case where the defendant is convicted, unless he makes 
oath that such defendant has been discharged from inability to pay costs. 

Sec 32. Before the accounts of Clerks shall be presented to the Countv Accounts to 

iini i.i/». . , be examined 

Ireasurer for payment, they shalf be sworn to by said officers, examined by Judge, and 
and certified to by the Judge presiding in the Circuit Court in the Commission- 
County, approved and ordered to be paid by the County Commie- — j^ 

sioners. 

Sec. 33. In all cases where any Sheriff, Coroner, Trial Justice, or Con- offlcial cer . 
stable, shall be required to obtain the official certificate of any Clerk to fuml'hed'cer': 
his contingent account, specifying any matters required by law to be cer- b aiI i; !e ?™ CL ' ls 
tified, the Clerk shall furnish such certificates, according to the facts. isKi.x i,ii3,| 3«. 
upon application and payment of fees. 

Sec 34. It shall be the duty of the Clerk to furnish, free of charge, To furnish 
to the County Commissioners, when required, an official certificate of all liens on prop- 
liens that may be of record in his office, on the property of any iudivi- mm offered 
dual who may be offered as surety to the bond of any public officer, bondTof%ui> 



whether by judgment, mortgage, or otherwise. 



lie officers, 
lb., i 37. 



Sec. 35. The Clerk of the Court of Common Pleas and General Ses- to keep 
sions of each County in this State shall furnish, and is required to keep miasm 
in his office, the weights and measures established by law, which shall be purchased by 
the standards of all other weights and measures in said County, and to — °v. e -^ ?, r ',-> 

° J ' 1840, XI, 173 ; 

which any person shall have free access to test the same; and th? I850,xn,30o, l. 
Governor of the State is authorized and required to purchase such 
standard weights and measures out of the fines and forfeitures incurred 
in the respective Counties where such weights and measures are to be 

kept. 

22 



/• 



170 OF CLERK OF COURT. 

c£rannnala£ Sec - 36 - II sha11 be the duty of the Clerk to return to the County 
cotmtsoffines Commissioners, on or before the last day of Octobor in every year, an 

and forfeit- •* j j > 

ures to Conn- account upon oath, in duplicate, of all fines and forfeitures inflicted in 

ty Commis- r L 

sioners. their respective Courts during the preceding year, and of the amounts 

ne glect. had and received by them, and of the manner in which said fines were 

i"r7,vi,'i39,;u! disposed of, under penalty of two hundred dollars, to be recovered against 
any Clerk for default herein, by action. And it shall be the duty of the 
County Commissioners to request the Attorney General or Solicitors, as 
the case may be, to sue for and recover the said sum of every Clerk that 
may fail to render such account. 

Responsible Q EC- 37 Everv Clerk shall be responsible for the books, papers and 

for furniture • * > 1 t 

ami papers in furniture in his office: and upon his retiring from office, or death, he or 
his ofhee. _ . 

his representatives shall be bound to transfer all such books, papers and 

furniture to his successor, immediately after such successor shall have 

entered upon the duties of his office, under a penalty of one thousand 

„ , „ dollars, and imprisonment, not exceeding one year; but before surren- 
Penalty for , ' L ' . . 

not transfer- dering such books, papers and furniture, the Clerk so retiring from office, 

successor. or his representatives, shall be entitled to require from such successor, 
(who, under like penalty, shall be bound to execute the same,) a receipt, 
in writing, therefor, which shall specify the number, title and conditinn 
of every book, the number of records, as appears by the enrollment, and 
such other classification as it may be convenient to adopt from the ar- 
rangement of the office, all the packages of papers in office, and the 
description and condition of each article of furniture; a duplicate of 
which receipt shall also be given, and shall, by the Clerk so retiring from 
damages to office, or his representative, be filed in the office of the County Commis- 
same. — — sioners for the County; and every Clerk, having retired from office, or 

1S39,XI,114,J 41. . ... pi/-, 

his representatives, shall be liable to an action, in the name of the County, 
for damages for any books, papers and furniture, which shall be proven 
to have been in his possession, and shall not appear, by such receipt, to 
have been transferred to his successors, or, having been so transferred, 
shall appear to have been, through neglect, injured during his continu- 
ance in office. 

Fines, &c, to Sec. 38. That all fines and penalties imposed and collected by the 
over forth- Circuit Court of General Sessions in criminal causes shall be forthwith 
w To pay over turned over by the Clerk of said Court to the County Treasurer of the 
^"""receiveti County wherein the same are imposed: Provided, That when, by law, 
amfshows.^ 9 an V person or persons entitled, as informer or informers, to any portion 

is;i, xiv, 655, of the fine or penalty imposed and collected, the same shall be iinme- 
>, 35; 1843,'xiJ diately paid over to him or them. They shall also pay annually to the 






County Treasurers of their respective Counties, for the use of the State, 
all such moneys as may have come into their hands as taxes from per- 
sons representing, publicly, plays and shows within the limits of their 
said Counties. 

Sec. 39. If any Clerk shall fail to pay over any moneys paid to him 
by order or permission of the Court, within five days after demand of 



OF CLERK OF COURT. 171 

the person entitled to receive the same, he shall forfeit and pay five per ( ^ enalty ,. for 
cent, per mouth, until the same shall be paid over, to be recovered, to- over funds. 

• l^ilil XI 111 ' °* 

gether with such amount received, by action on his official bond, besides 
being subject to rule and attachment as for a contempt. 

Sec. 40. If any Clerk fail to pay over fines and forfeitures received bv Penalty for 

i • •!•/»! p iipi *ii • .'not paying 

him, within five days after demand of the person entitled to receive the over fines and 
same, he shall forfeit and pay five per cent, per month, until the same 
shall be paid over, to be recovered, together with such amount received, 
by action on his official bond, besides being liable to rule and attach- not "?vin e g fo- 
ment as for a contempt. If he shall fail to give to some member of the J^' e c^mVs- 

Board of County Commissioners the notice required by law to be given, l loners - 

he shall forfeit and pay double the amount so detained without notice. 

Sec. 41. At each stated session of the Court of Common Pleas, the To account 
Clerk thereof shall present an account to said Court of all moneys re- each session, 
maining therein, or subject to the order thereof, stating particularly on .^^ XIV > 17 > 
account of what cause or causes said moneys are deposited, which ac- 
count, and the vouchers thereof, shall be filed in Court. 

Sec. 42. That in every case in which a Clerk of the Court of Com- Bin of costs 

rnou Pleas shall issue an execution, he shall attach thereto a bill of each e a to execu- 
tion. 



1827,VI,336, § 5. 



Fees allowed 



item of costs therein charged, and shall, on application of defendant in 
execution, tax all costs which accrue to the Sheriff for services on such 
execution. 

Sec. 43. The Clerks of Courts of Common Pleas and General Sessions 
shall receive, in cases herein specified, the following fees: For signing to cl erk3 - 

it i . „ „,. „,..., 1870,XIV,400,?9. 

and sealing subpoena writ, State cases, titty cents ; for administering oath, 2 snob., 579. 
twenty-five cents; for taking and filing bonds in attachment and other 
cases, one dollar and fifty cents; signing and sealing commissions to ex- 
amine witness, one dollar; recording plat under order of Court, one dol- 
lar ; rule of survey, one dollar; each official certificate under seal, fifty 
cents; issuing writ of attachment for contempt, or other special writ, one 
dollar and fifty cents; signing and sealing writ of hab. fac. possessionem, 
one dollar; receiving and paying over money officially, under three hun- 
dred dollars, two per cent.; over that amount, one per cent.; on bill no!. 
pros., before given out, two dollars; on bill thrown out by Grand Jury, 
or found, and nol. pros, abated, discontinued or struck off, three dollars ; 
on bill found and verdict by petit jury, four dollars; issuing bench war- 
rant, two dollars; issuing each execution in Sessions, two dollars; signing 
and sealing writ of habeas corpus, three dollars; issuing warrants, taking 
recognizance or other services in Sessions, the same fees as allowed to 
Trial Justices; each writ of venire facias, including all services incident 
to summoning jurors, two dollars and fifty cents; preparing and issuing 
certificates for grand and petit jurors, and Constables, and furnishing 
return to County Commissioners, for each week of every term of the 
Court, ten dollars ; furnishing advertisement in case of escheat, exclusive 
of printer's bill, and recording proceedings thereon, five dollars; for ad- 
vertising and giving notice to Commissioners of Election, in case of va- 



172 OF CLERK OF COVET. 

eaney in office, each ten dollars; for license to an attorney, all incidental 

services included, five dollars; filing and entering notice of alien's in- 
tention to become a citizen, one dollar; filing and recording report of 
alien, one dollar; administering oath of intention, one dollar; filing and 
entering application to become a citizen and administering oath, two dol- 
lars; for giving certificate of citizenship, one dollar; taking renuuciati"U 
of dower or inheritance, two dollars; for official record of est ray and 
filing papers, one dollar and fifty cents; every search for a paper, fifteen 
cents; every search, with certificates, fifty cents; swearing Trial Justice 
or Constable in office, and certificate thereof and taking bonds, two dol- 
lars; for recording bonds of County officers, and certifying to same, one dol- 
lar and fifty cents; for every probate in writing, twenty- five cents; for sign- 
ing dedimuspotestatem, two dollars; for official certificate to exemplification 
of record, one dollar; for official certificate in case requiring seal, fifty 
cents; on every trial, from the party bringing it on, two dollars; on filing 
transcript, twenty-five cents; on entering judgment, fifty cents; copy 
papers, per copy sheet of one hundred words, twenty-five cents; signing 
and sealing each execution and renewal, fifty cents; for recording and 
copying deeds or other papers, per copy sheet of one hundred words, 
twenty-five cents; for every certificate on deeds or other papers, twenty- 
five cents. 

Liability for g EC 44 jf anv Clerk shall charge anv other fees or for any other ser- 

over charges; - ty J J 

how recover- vices than those allowed by law, he shall be liable to forfeit to the party 
is39, xi, 17, 1 2~ injured ten times the amount of excess of fees so improperly charged, to 

be recovered by action in the Court of Common Pleas, or by rule, when 

the penalty may not exceed twenty dollars. 



* 



Commissioners of Locations. 
. cierk to be, g EC 4.5. The Clerk of the Courts of Common Tleas and General Ses- 

lii each Coua- , > 

'>"• sions in each Countv, shall be ex officio Commissioner of Locations in 

r " 116 ' §49 - such County. 

Oath to be Sec. 46. The Clerk, before entering upon the duties of his office, shall 

mtes?oner. 0m " ta ^ e auc ^ subscribe the following oath, viz : " I, A B, do swear, (or 

ib., 117, §".111; affirm,) that I will well and faithfully execute the office of Comniis- 

1781,1V, 59U, M. . „ _ . „ r . ... . . P 

sioner of Locations, for County, without giving a preference to 

any, through favor, fear, or reward, according to the best of my skill 
and ability : So help me God." 

To he provid- Sec. 47. The Commissioner of Locations shall be provided with a 

andbrokfMjy suitable case for papers, in which shall be filed, under appropriate letters 

oners! 111 " " r labels, the papers of his ..dice, and with books of office, of good bind- 

1839,XI,H7,J53. ing, by the County Commissioners. In one book shall be copied 

all warrants of survey granted ; and in another, all returns thereon and 

plats certified, with an alphabetical index to each. 

further coi rning their duties in Chapter VI, Title I, " Of V. 

and tin- Grantin : eo 



OF REGISTER OF MESNE CONVEYANCES. 



173 



CHAPTER XXIII. 



Of Register of Mesne Conveyances. 



Sec. 

1. Elected by General Assembly. 

2. Clerks of Court to be, except in 

Charleston and Georgetown Coun- 
ties. 

3. To give bond for five thousand dol- 

lars, to be approved by County Com- 
missioners; to take bath of office; 
office, where kept, and hours when 
open. 
J Deputy Clerk may act as Deputy, or 
Register may appoint. 



Sec. 
5. To record marriage settlements, con- 
veyances and mortgages, renuncia- 
tions of dower and inheritance, &c. 
Their execution to be proved by atli- 
davit of a subscribing witness. Re- 
cord and proof to be recorded one 
month after lodgment. Certificate 
of Register thereon. Two indexes 
to Registry Books to be kept. 
G. To give certified copies of records on 
payment of fees. To pay damages 
for making incorrect transcripts or 
certificates. 



" Section 1. That each Register of Mesne Conveyances shall be elected Elected by 
by joint ballot of both branches of the General Assembly, and hold sembiy. 
office for four years, and until another be elected, commissioned and enter 13 ln'v'i\:.„ , ' :i 1 ; 
upon the duties of his office. 



Sec. 2. That the Clerk of the Court of Common Pleas and General cierkofCourt 

t <~> IjtJ £*XCt?lM- 

Sessions of each County in the State shall be Register of Mesne Convey- ed in Charles- 
ances for the same, except for the Counties of Charleston and George- Georgetown 

Counties, 
town. L8397XI.115 

1779J VII. 296, 
§ 18. 

Sec. 3. That the Register of Mesne Conveyances in the Counties of to give bond 
Charleston and Georgetown, before entering on the duties of office, shall and donarsto 
give bond, with three good sureties, to be approved by the County Com- b y ap oounty 
missioners of their respective Counties, and of the form required by law, e ^ mnn38ion - 
in the sum of five thousand dollars, to be lodged in the office of said 
County Commissioners; shall take the oath of office required by the oToffice! ° atl1 
Constitution, endorsed and subscribed on his commission, and enter the 
same, with the endorsement, on the records of the office; the said office kept° e ' W and 
of the Register for Charleston County to be kept at the fire-proof build- \™ n s wnen 
ing in the city of Charleston; and the Register for Georgetown in the 1839,XI,116, is 
court house for that County ; each to be kept open from 9 o'clock A. M. 
to 3 o'clock P. M., every day, except Sundays, Christmas days and An- 
niversaries of American Independence. 



Sec. 4. That a Deputy Clerk may act as Deputy Register of Mesne 
Conveyances; and, in those cases where the offices shall be distinct, the may act as 
Register of Mesne Conveyances may appoint a Deputy, in the same Register may 
manner that Clerks of Courts are authorized to do. is30 xi n cM^ 



IT 1 OF REGISTER OF MESNE CONVEYANCES. 

To record g ECi 5 The Register of Mesne Conveyances is required to record, in 

marriage set- & J 1 

tiements,cou- we ]i bound books, of the size not less than those denominated " Medium," 

veyanees and ' 

mortgages,re- kept for that purpose, in the order of the times at which thev may be „• 

nuneiations * . _; . ' , 

of dower and brought to his office, all marriage settlements, and all conveyances and 

inheritance ; . . . ° . ' J 

then- exeeu- mortgages, renunciations 01 inheritance and 01 dower, and other writings 
tion to be ' . ... . . , . „ , . , , , , , 

proved by af- concerning the titles to lands situate in his County, which may be lodged 

subscribing with him to be recorded : Provided, That the execution of every such 

writing shall first be proved by affidavit of a subscribing witness, taken 

before some officer competent to administer an oath, or under a Commis- 

Record and siouer authorized by law, or where the affidavit of a subscribing witness 
proof to be 111 • 

recorded cannot be had, by reason of death, insanity, or absence from the State of 

month after such witness, that such fact be proved, together with the proof of the 

certificate 'of handwritings of the parties who signed, and of the subscribing witnesses; 

Kt* °"istcr 

thereon. the proof, in every case, to be recorded with the writing; every such 

writing shall be recorded within one month after its lodgment, and the 

recording shall bear even date with the lodgment ; on every such writing 

shall be endorsed a certificate, to be signed by the Register or his Deputy, 

Two indexes specifying tne t' me when, and book and page where, it was recorded; in 

b° i-/ e f iSt b y t ' ie k°°k> the names of the parties and nature of the writing shall pre- 

ke i"- cede the registry, and after it shall follow the date of the registry and 

code of Pro. a memorandum of the person to whom the original writing has been de- 

cejuie, * 2o0 ' livered. To the books of the registry, reference shall be had, by means 
of two indexes, each of which shall be in a separate book of the size de- 
nominated " Long Cap," both containing the year of registry, names of 
parties, book and page; the alphabetical arrangement of one being ac- 
cording to the names of the parties who executed the writings, and of the 
other, according to the names of the parties to whom they were executed ; 
each index embracing a number of the volumes of registry, not less than 
ten. 

To give eer- Sec. 6. That the Register of Mesne Conveyances, or his Deputy, shall 

of'records'on be required, on application, to give a ceitified copy of any writing re- 

?ees7 ient ° f cor< l e d > n hi s office, the fees for the same being first paid in advance, if 

i839,2i,U6,f47; required or tendered, as the case mav be; or a certificate that no deed. 
1698, 11, 138, 5. . . . . . , . 

13 Rich., 72. conveyance, or mortgage, or other transfer ot any particular parcel 01 

Topaydama- lands, or tenements by any particular person, is registered in his office; 

ing fncorreci ami if the Register, or his Deputy, shall furnish an incorrect transcript 

certificates. of any deed recordeed, or an incorrect certificate, he shall forfeit and pay 

1843, XI, 255. t the party the damages that may accrue in consequence thereof. 



OF THE JUDGE OF PROBATE. 



175 



CHAPTER XXIV. 
Of the Judge of Probate. 



Sec 

1. Election for Judge of Probate. Term 

of office. 

2. Governor to till vacancies in office of. 

Not to make appointment to fill va- 
cancy exceeding one year, 

3. .To give bond before receiving com- 

missions, etc Sureties to be ap 
proved by County Commissioners. 
Bond in Charleston County $10,000; 
Other Counties $5,000. To qualify 
thirty days after election. 

4. No final di- charge to Executor, etc., 

to be granted without public notice. 
Notice, how given. 

5. To make search, furnish copies, etc. 

FedS allowed. 

(J. To keep a seal. Description of. 

7. Books to be kept : 1. Wills ; 2. Inven- 
tories, Appraisements and Sales; :i. 
Returns ; 4. Real Estates ; 5. Letters; 



Ssc. 

6. Bonds; 7. Cash Books. Cash Book 
to be a public record and open to 
public inspection. 8. Journals; 9. 
Indexes. 

8. Manner of filing papers. Index to 

papers to be kept. 

9. Clerk to file account of moneys re- 

maining in Court. 
10. Responsibility for books and papers. 
Penalty for not transferring to suc- 
cessor. Can require receipt for books, 
papers, etc., from his successor. Lia- 
ble to an action for damages to books, 
etc Damages recovered to be appro- 
priated — how. 

11. To forfeit ten times amount of excess 
of fees improperly charged. How 
recovered. 

12. Fees allowed to Judge of Probate. 



Election for 

Section 1. That there shall be an election for the office of Judo:e of Judge of Pro- 

i ^ bate ; term 

Probate in each County, on the third Wednesday of October, A. D. two years 
1872, and on the same day in every second year thereafter. g {/ ' 



Const., Art. 4, 



Sec 



2. That in the event that a vacancy shall occur in the office of Governor to 

fill vi.Pfl,ncie^ 

Judge of Probate, whether from death, resignation, disqualification or in offi e of. 
other cause, the Governor shall have full power to appoint some suitable appointment 
person, who, on being duly qualified according to law, shall be entitled eicwiim"' ! 
to enter upon and hold the office for the unexpired term of the former -"fjr v,.'. ■>-, 
incumbent, and shall be subject to all of the duties and liabilities inci- 
dent to said office during his term of service : Provided, That no such 
unexpired term, for which an appointment is made, shall exceed one 
year. 



see Chap. 12, 
i2C. 



Sec. 3. That the Judges of Probate in the several Counties of the 
State, before receiving their commissions, shall enter into bond, to be exe- 
cuted by them, and any number of sureties, not exceeding twelve nor less tie"to be 
than two, to be approved by a majority of the Board of County Com- 
missioners, for the faithful discharge of the duties of their office, to wit: 
Judge of Probate for Charleston County in the sum of ten thousand dol- 
lars ; the Judges of Probate for the other Counties, each, in the sum of 
five thousand dollars, 
election is declared. 



To give boml 
before receiv- 
ing Commis- 
sure. 
ap- 
prover! by 
County Com- 
missioners ; 
bond in 

Charleston 
Counts- $10,- 
000; other 

Counties $5,- 

They shall qualify within thirty days after the ^jjf^ fi fy a 

afterelection. 



1868,XIV,19,§ 1. 



Sec. 



4. It shall not be lawful for any of the Judges of Probate No final dis- 

cbar D e toexe- 

in this State to grant a final discharge to any executor or executrix, ad- cutor, &e., to 

... ... . .. ... .. be granted 

ministrator or administratrix, trustee, guardian or committee without ne, without pub. 
she or they first giving public notice in some County newspaper, (if there tice, ho w 
should be no newspaper published in the County, then in some public %'I!°. - IV ., r > - 
journal having the greatest circulation therein,) for the space of at least Si- 
one month, that on a day certain he, she or they will apply to the Judge 



17'3 OF THE JUDGE OF PP.OEATE. 

of Probate for the County where his, her or their bond is filed, for a final 
discharge : Provided, The said publication shall be tri-weekly in the 
cities of Charleston and Columbia. 

To make Sec. 5. It shall be the duty of the Judge of Probate, when applied 
seareh, fur- ^ t0 searcn f or an j examine any book, record or paper belonging to his 
Fee* allowed or H ce > arj d to furnish any person wanting the same with a copy or copies 
1^63, g23. of any part thereof, or of the whole or any part of any proceeding touch- 
ing any estate or estates in his care or custody as Judge of Probate 
aforesaid, and to certify the same; for which respective services he shall 
be allowed at the rate of nine cents for each copy sheet the same may 
contain, and fifty cents for every certificate he shall so give. 

To keep a Sec 6. Every Judge of Probate shall keep in his office a die, in a cir- 
tioii'of. €:,Cllp * cular form, upon the centre of which shall be engraved, in capital let- 

rt>., 09, j35. ters, the word "Seal," and on the circumference, the words, "Judge of 
Probate's office of County," which shall be regarded as the seal of 

his office, and which he shall impress upou all papers issued from his 
office, and affix his name to such papers. 

Books to be Sec. 7. Every Judge of Probate shall keep the following books, (to 
be furnished by the County Commissioners,) each to be designated by 
WlIls - its label, as follows, that is to say: 1st. "Wills," in which he shall enter 
a copy of all wills admitted to probate, together with the probate and 
inventories, certificate thereof. 2d. "Inventories, Appraisements and Sales," in 
nients ana which he shall enter all such matters as are designated by the title. 3d. 
~ Returns. "Returns," in which he shall enter all the accounts of the receipts and 
expenditures by executors, administrators and guardians, including the 
final settlement. 4th. " Real Estates,"' in which he shall enter all pro- 
ceedings and orders in relation to the sale or division of real estates, 
from the petition to the bond of the purchaser, both inclusive. 5th. 
Letters. " Letters," in which he shall enter all letters granted, whether testa- 
Bonds, mentary, of administration, or of guardianship. 6th. " Bonds," in which 
he shall enter bonds of administrators and guardians. 7th. "Cash 
cash book to Books," in which he shall open and keep a regular account with every 
cord and sub- individual or estate on whose account he has received any moneys, 
inspection. 1C bonds, notes, stocks, choses in action, or other property of any descrip- 
tion whatsoever, by virtue of his otfiee, exhibiting fully everything so 
received by him, as well as all costs and charges against such estate, and 
disbursements in favor of the parties interested therein, or other disposi- 
tion thereof, which book shall remain in his office as a public record, 
Journal all j ] )e sur ,j e ,. t t0 public inspection. 8th. "Journal," in which he shall 
enter every judgment, sentence, decree, determination, denial, and even- 
other act done, or order made by him, in his official capacity, so as to 
constitute a complete journal of the current proceedings of his othYe. 
Each of the said books shall be furnished with a full ami complete 
alphabetical index, in the surnam s of the parties to the several matters 
therein contained. 



lb., 5 31 



OF THE JUDGE OF PROBATE. 177 

Sec. 8. The manner of filing papers in the Judge of Probate's office Manner arm, 

° r l ° mg papers. 

shall be as follows, to wit : it,., § 36. 

The case shall be divided into convenient apartments, which shall be 
numbered from one forward. The papers relating to the same estate 
shall be wrapped in an envelope, as a package, and shall bear a number, 
and be endorsed in the name of the estate. A convenient number of 
packages shall be embraced in a strong envelope, and constitute a bun 
die, bearing the number of the apartment of the case containing it. A 
complete alphabetical index shall be constructed with reference to the pe"s <le: to 'be 
surname of deceased persons to whose estate the papers relate, and of kept - 
executors and administrators; and opposite each name in such index 
shall be two columns, the one expressing the number of the apartment 
where the bundle is to be found, and the other expressing the number of 
the package in such bundle which contains the papers relating to the 
estate named in the index. 

Sec. 9. At each stated session of the Probate Court, the Clerk thereof Clerks to file 

in ■ i /-, pii • • i account of 

shall present an account to said Court or all moneys remaining therein, moneys ro- 
or subject to the order thereof, stating particularly on account of what court. 
cause or causes said moneys are deposited, which account, and the vouch- . AT*' XIV > 17 > 
ers thereof shall be filed in Court. 

Sec 10. Everv Judge of Probate shall be responsible for the books and . Responsibii- 

J - o r lt y f or books 

papers, and also for the furniture in his office; and upon his retiring alKi pa pers. 
from office, or upon his death, he or his representatives shall be bound to s BickEq ,'491! 

sfer all such books, papers and furniture to his successor, imme- 
diately after such successor shall have entered upon the duties of his not transfer- 
office, under a penalty of one thousand dollars, to be recovered by in- cessor. 
dictment, and of imprisonment not exceeding one year. But. before 
surrendering such book-, papers and furniture, the Judge of Probate so 
retiring from office, or his representatives, shall be entitled to require of re?eipt ieQU i'or 
his successor a receipt iu writing therefor, which receipt shall specify the &c, from his 
number and title of every book, and the number and description of every 
article of furniture, together with the order and condition of the books, 
papers and furniture; a duplicate of which receipt shall also be given, 
and shall, by the Judge of Probate retiring from office, or his representa- 
tives, be filed in the office of the Clerk of the Court of the County. 
And every Judge of Probate retiring from office, or his representa- Liable to an 
tives, shall be liable to an action, in the name of his successor, for dam- damages to 
ages for any book-, papers or furniture which shall have been proved to 
have been in his possession, and shall not appear by such receipt to have 
been transferred to his successor; which damages, when recovered, shall Damagesrc- 

, •!, i-i.iii /■■ covered to be 

be appropriated to the replacing of such books, papers or furniture, or to appropriated 
the benefit of the parties who may have been injured by the hiss of such 
books or papers; and an order for appropriating such damages shall be 
made by the Court before which such action may be tried. 

Sec 11. That the Judge of Probate shall be entitled to charge tie 
following fees for the services required of him by law : 



: 

178 ' OP THE JUDGE OF PROBATE. 

to" jufi^es of ^ or P e t'ti° n f° r letters, etc., two dollars; for citation, one dollar; qttal- 

Pro bate if'ying executor, administrator or guardian, issuing letters and recording 

§ io. ' ' ' ' same, four dollars; taking bond of administrator or guardian, and re- 
cording same, two dollars and fifty cents; issuing warrant of appraise- 
ment, one dollar; proving will in common form, two dollars; proving 
will in solemn form, ten dollars ; for recording wills and certificates, per 
copy sheet of one hundred words, each figure counting a word, twenty- 
five cents; filing and entering renunciation of executor, one dollar ; dati- 
mus potestatem to prove will or qualify executor, two dollars and fifty 
cents; recording inventories, appraisements and sales, per copy sheet of 
one hundred words, each figure a word, twenty-five cents ; receiving, ex- 
amining and filing annual returns, two dollars. 

For first and final returns, each three dollars and fifty cents; for re- 
cording returns, per copy sheet of one hundred words, twenty-five cents ; 
order for sale of personal propeity, one dollar and fifty cents; hearing 
and filing petition for guardians and appointment, five dollars; entering 
caveat and withdrawing same, one dollar; for hearing litigated cases, 
five dollars; issuing summons, for each witness, fifty cents; qualifying 
and examination of each, twenty-five cents; for proceedings in partition 
of real estate worth less than one thousand dollars, fifteen dollars ; for 
appointing guardians ad litem, three dollars ; for proceedings in partition 
of real estate worth more than one thousand dollars, thirty dollars ; com- 
missions on all moneys received and paid out, two per cent, on the first 
three hundred dollars, and one per cent, for all sums over that amount; 
for search, for each paper, fifteen cents; for certificate and seal, fifty 
cents; for copying papers on file in office, per copy sheet of one hundred 
words, twenty-five cents; for final discharge of executor, administrator 
or guardian, two dollars; for proceedings in dower, inclusive of all 
charges, twenty dollars; for proceedings in lunacy, inclusive, five dol- 
lars. 

To forfeit ten Sec. 12. If the Judge of Probate charge any other fees, or charge fees 

times the 

amount of for any other services than those herein recited, he shall forfeit to the 

fees iinpron- ..,'., „ „ ,. . , 

<riy cinn-scMi party injured ten times the amount or excess ot tees so improperly 
«ti .1. charged, to be recovered by action in the Court of Common Pleas. 

1839,XI,17,J2. 



OF TRIAL JUSTICES, 



J7!> 



CIIAFTEK XXV. 



Of Trial Justices. 



Sec 
Appointment, Qualification and Removal. 

1. To be appointed by the Governor by 

and with the advice and consent of 
the Senate. 

2. Number of Justices for the several 

< ounties. 

3. Term of office, two years; change of 

domicil, 

4. Governor may suspend from office for 

cause, and' designate a substitute; 
case i" be reported to Senate with 
particulars ; confirmation of removal 
by Senate. 

5. Governor may appoint in vacation, 

subject to approval of the Senate. 
G. Oath of office. 

7. Justices prohibited from keeping tav- 

ern. 

Criminal Jurisdiction. 

8. Jurisdiction in criminal cases. 
9 Limit of penalty. 

in. Assault and battery, and breaches of 
the peace. 

11. May arrest rioters, &3c., and require 

bonds or commit. 

12. Petit larceny. 

13. stolen goods. 

14. Obtaining property under false pre- 

tenses punishable as larceny. 

15. To cause arrest of offenders escaping; 

to examine and bind over for high 
crimes, &c,; to punish for small of- 
fences. 
lit. Proceedings to be commenced on in for- 
mation; information may be amend- 
ed ; proceedings to be summary. 

17. Offender may demand jury. 

18. In Charleston to have jurisdiction of 

violations of ordinances. 

19. Slay select any citizens to execute war- 

rant of arrest; neglect— penalty for. 

20. Proceedings in cases of felony. 

21. May arrest and bind over material wit- 

nesses for State; for accused in felo- 
nies; fees allowed for but one war- 
rant. 

22. May command to keep the peace and 

arrest all who refuse obedience, or 
who commit any crime in his view ; 
may call out \hv posse com itatus. 

2K May admit to bail in all but capital ca- 
ses. 

24. To arrest persons who are about to 
leave the State to fight duels, and 
bind over to keep the peace. 



SEC. 



Civil Jurisdiction. 



25. How tenants holding over may be re- 
moved. 

2G. Proceeding in cases of forcible entry 
and detainer. 

27. May eject certain tenants at expiration 

of contracts. iWethod of proceed- 
ing 

28. To serve notice on trespassers, and on 

their failure to obey, to eject them by 
force; proviso 

29. Fees of Trial Justice, and of Sheriff or 

Constable, in-such cases. 

Cburts of Trial Justices. 
:■■'!. Parties entitled to a trial by jury. 

31. Selection of juries. 

32. Penalty on delinquent jurors. 

33. May punish forconiempt; punishment. 

34. Parties may appeal. 

General Powers and Duties. 

35. May administer oaths. 

36. May summon witnesses; refusal to tes- 

tify — how punishable 

37. May take depositions in certain cases; 

parties to have notice, &c. : delivery, 
Aic, of deposition to Trial Justice. 
3S May allow bail, take renunciations of 
dower, releases of inheritance, &c, 
in certain cases. 

39. May act as < oroner in certain cases. 

40. Two Trial Justices to grant writs of 

habeas corpus ; penalty for refusal in 
proper cases. 

41. To keep two books of record, one for 

civil and the other for criminal ea- 
ses. 

42. To return all papers pertaining to the 

Court of Sessions to the Clerk. 

43. Penalty for neglect. 

41. Fines and penalties to be forthwith 
turned over to the County Treasurers; 
proviso as to informers, &c. 

4.5. Failure to pay over fines— how pun- 
ished. 

40. May arrest for offences against the Uni- 
ted states; processes returnable to 
Clerk of United States Court; offen- 
der to be removed to the proper 
County. 

47. fees. 

48. Pees for rules against Constables. 

49. Accounts paid only upon oath that 

costs cannot be collected of defen- 
dants, and that fines, &c , have been 
paid to County Treasurer. 

50. Penalty for unauthorized charge— how 

recovered* 



Ajyiointmetit, Qualification and Removal. 

Section 1. The Governor, by and with - the advice and consent of the 
Senate, shall, from time to time, appoint and commission, in the several 
Counties of the State, a suitable number of Trial Justices. 

Sec. 2. Such Trial Justices shall be distributed as the convenience of 
the several Counties requires, and the number in commission shall not 
exceed: Iu Abbeville, nine; Anderson, sixteen ; Barnwell, ten ; Beaufort, 
ten; Charleston, twenty-four ; Chester, eight; Clarendon, six; Colleton, 



To be ap- 
pointed by 
Governor, by 
consent of the 
Senate. 
"i870~XIV,l76, 
§1. 

Number of 
Justices for 

the several 
Counties 

lb, 377, j! 2. 

Dudley, 152. 



ISO OP TRIAL JUSTICES. 

ten; Chesterfield, four; Darlington, eight; Edgefield, eight ; Fairfield, 
eight; Georgetown, five ; Greenville, eight ; Horry, six; Kershaw, six; 
Lancaster, four; Laurens, five; Lexington, seven; Marion, six; Marl- 
boro, six ; Newberry, seven; Oconee, five; Orangeburg, seven ; Pickens, 
five; Richland, eight; Spartanburg, twelve; Sumter, eight; Union, 
eight ; Williamsburg, eight ; York, eight. 



Term of of- 



Sec. 3. Trial Justices shall be commissioned and hold their offices for 

fle e two years. the term f two years, unless sooner removed by the Governor. If a 

Trial Justice changes his domicil, and removes therefrom the distance of 

Change of three miles, his authority and jurisdiction as such Justice shall thereupon 

cease, and another Trial Justice may be designated and appointed in his 

place. 

Governor Sec. 4. The Governor is authorized to suspend from his office, for 
from office for such causes as to him shall seem just, any Trial Justice, and to designate 
sfsnatea'sub- another person to perform the duties of such suspended officer, (who, in 
Bj_vue. — turn, may be removed and another designated,") and he shall report such 

lb., § 4 ^ b l 

suspension to the Senate, together with the name of the person designated 
reported to by him to perform the duties of such suspended officer; and if the Senate 

Senate with . r, , , , ,, , . . 

particulars, confirms the person so designated, the officer suspended shall be regarded 
ofr° movaVby as removed, and the vacancy duly filled; but if the Senate refuses to 
Senate. confirm him the suspended officer shall be restored to his office. 

Governor Sec. 5. During the vacation of the Senate, the Governor is authorized 

in. 8,7 vacation' * appoint Trial Justices, subject to the approval of the Senate, to act, 

nrorai' of tilo unIC 'ss sooner removed by him, till the end of the next session. If not 

Senate. approved bv the Senate, said appointments shall cease at the end of the 

ib., i a. . . . 

said session. 

oath of of- Sec. 6. On receiving such commission, and before entering upon the 
fice- duties of their offices, such Trial Justices shall take and subscribe, before 

1868, XIV, 100, .-.,.,•-.-,' ,. , . r, ■ , i • t i 

§ 2. the Clerk or the Court ot their respective Counties, the oatli required by 

Section 30, Article II, of the Constitution, and file the same in his office, 
unless in Counties where such Clerks may not be qualified according to 
law; and, in such cases, the said oath shall be administered by any 
officer authorized to administer oaths in the County where such Trial 
Justice may be appointed ; and such oath, so administered, shall be filed 
in the office of the Secretary of Slate. And such Trial Justices may 
immediately enter upon the discharge of their duties. 

Justices pro- Sec ?■ That it shall not be lawful for any person exercising the office 
keeping 't'lv- °f a Trial Justice within this State to keep any tavern, or to retail 
''"' ,Vc ' spirituous liquors, nor shall any license for retailing spirituous liquors be 

1701 VI 1 269 oil 

§ 18. ' ' granted to any person exercising (In office of a Trial Justice, nor U) any 

person or persons in his house or family, or for his emolument ; and if 

any person or persons shall offend against the true intent and rueanin 

this Sect-ion, he shall forfeit and pay the sum of two hundred and fifty 

dollars to any person or persons who will inform or sue for the same, and 

be forever thereafter rendered incapable of serving in the office 1 of a 

Trial justice in this Stale. 



OF TRIAL JlftiTICES. 181 

( riminal Jurisdiction. 

Six-. 8; Trial Justices shall have anil exercise, within their respective ^""^mSS 
Counties, all the powers, authority and jurisdiction, in criminal cases, 2 ase 5: 

1 • O. . C X 1870, XIV, 402, 

Jiereiualter set forth. 51. 

Sec. 9. Trial Justices shall have jurisdiction of all offences which may 

■ i /• ■ t Limit of peu- 
be subject to the penalties of either fine or forfeiture not exceeding one aity. 

hundred dollars, or imprisonment in the Jail or Work House not ex- lD ->^ 2 - 

ceeding thirty days: and may impose any sentence within those limits, 

singly or in the alternative. 

Sec. 10. They mav punish bv fine, not exceeding one hundred dol- Assault ami 

■ -it"-. -it * n ■ i- battery an<l 

lars, or imprisonment in the Jail or House of Correction not exceeding breaches of 

i i ii • iii pi * be peace. 

thirty days, all assaults and batteries, and other breaches of the peace, — l0 § 3 — 
when the offence is not of a high and aggravated nature, requiring, in 
their judgment, greater punishment. 

Sec. 11. They may cause to be arrested all affrayers, rioters, disturb- May arrest 
ers and breakers of the peace, and all who go armed offensively, to the and 1 " require 
terror of the people, and such as utter menaces or threatening speeches, S 
or otherwise dangerous and disorderly persons. Persons arrested for any oj£flM 
of said offences shall be examined by the Trial Justice before whom they 
are brought, and may be tried before him, and, if found guilty, may be 
required to find sureties of the peace, and be punished within the limits 
prescribed in Section 9, or, when the offence is of a high and aggravated 
nature, they may be committed or bound over for trial before the Court 
of General Sessions. 

Sec. 12. They shall have jurisdiction of larcenies by stealing of the p e tit larceny, 
property of another, of money, goods or chattels, or any bank note, lb., 4o.j, § 5. 
bond, promissory note, bill of exchange, or other bill, order or certificate, 
or any book of accounts for or concerning money or goods due or to be- 
come due, or to be delivered, or any deed or writing containing a con- 
veyance of land or any other valuable contract in force, or any receipt, 
release or defeasance, or any writ, process or public record, if the prop- 
erty stolen does not exceed twenty dollars in value. 

Sec. 13. They shall have jurisdiction of the offences of buying, re- stolen eoods 
ceiving, or aiding in the concealment of stolen goods and other property, lb., § 6. 
where they would have jurisdiction of the larceny of the same goods or 
property. 

Sec. 14. They shall have jurisdiction of the offences of obtaining Obtaining 
property by any false pretence, or by any privy or false token, or by any false pre- 
game, device, sleight of hand, pretensions to fortune telling, trick or other isbable ' 



means by the use of cards or other implements or instruments, where — ll ~i -. 
they would have jurisdiction of a larceny of the same property, and may 
punish said offences the same as larceny. 



as 



182 OF TRIAL JUSTICES. 

To cause ar- g EC 15 Thev shall cause to be arrested :ill persons, found within 
rest of otlt-ml- * * 

its escaping, their Counties, charged with any ofl'ence, and persons who, after commit- 
To examine n 
and bind over ting any ofl'ence within the County, escape out of the same; examine 

for high . b V. . . . . . ' 

crimes, <£c ; mto treasons, felonies, grand larcenies, high crimes and misdemeanors; 

punish small . ,.-,/. . , , , i •, n 

offences. and commit or bind over for trial those who appear to be guilty of crimes 

llJ -' s 8 or offences not within their jurisdiction, and punish those guilty of such 
offences within their jurisdiction. 

Proceedings Sec. 16. All proceedings before Trial Justices, in criminal cases, shall 

me need. C ° m ' be commenced on information, under oath, plainly and substantially set- 

ib., 8 9. ting forth the offence charged, upon which, and only which, shall a war. 

Information ™ nt of arrest issue - 

amended. The information may be amended at any time before trial. 

Proceedings _AJ1 proceedings before Trial Justices shall be summary, or with only 

to be summa- . 

''}'• such delay as a fair and just examination of the case requires, 

om-miermay s EC- 17. Every person arrested and brought before a Trial Justice 

demand jury. _ J x ... ... • . 

Hj.^ io^ charged with an offence within his jurisdiction shall be entitled, on de- 
mand, to a trial by jury. 

to 1 !? to h uave ^EC. 18. Trial Justices residing within the limits of the City of 

o"ordVnancea Charleston are vested with jurisdiction to try, determine and impose the 

L870,xiV,38-2, penalties authorized by Ordinance of the City Council of Charleston. 

May select Sec. 19. Whenever a Trial Justice shall have issued a warrant for the 

any citizens 

to execute arrest of any person charged with an offence above the grade of a mis- 
warrant of ar- . . . . . 
i'-i- _ demeanor, such Trial Justice shall be authorized to select any citizen or 

1871, xiv, 666, c jtj zeng f t] ie County to execute the same, upon his" endorsement upon 
the said warrant that, in his judgment, the selection of such person or 
persons will be conducive to the certain and speedy execution of the said 
warrant; and the person or persons so selected shall have all the powers 
now, or hereafter, conferred by law upon any Constable within this State; 
and any person or persons selected in the manner provided for in this 
Section, shall be required forthwith to proceed to execute the said war- 
rant, and upon his willfully, negligently or carelessly failing to make the 
arrest, or permitting the party to escape after arrest, he or they shall be 
punished, upon conviction, on indictment, by fine and imprisonment in 
the County jail, in the discretion of the Judge before whom the indict- 
ment may be tried; said imprisonment not to be less than six months. 

Proceedings ^ E< • ^- It shall not be necessary for any Trial Justice, when any 
r"ionv '"" S "' P r ' souer ls produced before him for commitment or bail, on charge of a 
ism, xiHaTpo"- felony, to examine such prisoner, and those that bring him; such Jus- 
tice may take the examination of any witness in behalf of the State, in 
the presence of the prisoner, allowing such prisoner the right of cross* 
examination, and reduce the testimony so taken to writing, read the 
same over to the witness, and require him to subscribe; and the Trial 
Justice shall return testimony thus taken to the office of the Clerk of 
< 'oiirt of General Sessions. 






OF TRIAL JUSTICES. 183 

Sec. 21. Upon information made of the materiality of any witness za , u .J i of°wit"- 

withiu the State, to support any accusation made, or where the material- pe88es - 

ity of such witness shall be within the knowledge of any Trial Justice, 
he shall issue his warrant, requiring such witness to appear before him 
or the next Trial Justice, to enter into recognizance, with good security, May arrest 
if deemed proper, which warrant shall authorize the arrest and deten- material wit- 
tion of any such witness, in any County in the State; and on being statef f ° r the 
brought before such Trial Justice, and refusing to enter into recogni- 
zance, such witness maybe committed by the said Trial Justice; and 
the accused shall, in felonies, and no other ca>e, have the like process to i tl F 1 "io a uie3 Sea 
compel the attendance of any witness in his behalf, as is granted or 
permitted on the part of the State: Provided, That no Trial Justice 
shall receive any fees for issuing more than one warrant for witnesses, for^but^oue 
on the part of the State, or upon the part of the accused, in the same warraut - 
case, unless, on the second or other application, oath shall be made that 
the prosecutor or accused was not aware, at the issuing of the previous 
warrant, of the materiality of such witness. 

Sec. 22. Any Trial Justice shall lie authorized and required to com- May com- 
mand all persons who, in his view, may be engaged in violations, or dis- peace and ar- 
orderly conduct, to the disturbance of the peace, to desist therefrom, refuse 1 obe" 
and to arrest any such person who shall refuse obedience to his com- commi^"^''^-' 
mand, and to commit to jail any such person who shall fail to enter into "ie™ 6 m '" s 
sufficient recognizance either to keep the peace or to answer to an indict- lb., 21, \z. 
ment, as the Trial Justice may determine. In like manner, he shall 
arrest and commit, if necessary, any person who, in his view, shall per- 
petrate any crime or misdemeanor whatsoever. In making any such 
arrest, the Trial Justice shall have power to command any Constable, 
bystander, or the posse omitalus, as the emergency may require; and any tbejjessecomi- 
persou who shall refuse to aid in such arrest, when required by the Trial 
Justice, shall be liable to indictment as for a misdemeanor. Whenever 
there shall be an indictment for any offence committed in his view, the 
Trial Justice shall be the prosecutor; and he shall bind in recognizance 
all necessary witnesses. 

Sec. 23. No Trial Justice shall let to bail any person charged with Not to bail 
any offence, the punishment of which is death, but if it shall clearly appear, eases. Capl a 
upon an examination, that the charge is not founded in probability, the lb., 22, §6. 
party may be discharged. 

Sec. 2-1. That whenever auv Trial Justice shall receive information in To arrest 

..,,,,' persons who 

writing, and under oath, that any person or persons are about to leave are about to 

... „ , . ;. . . , ,. „ , leave Stale to 

this btate tor the purpose 01 sending or receiving a challenge to ngut a fight duels, 

du.I, or for the purpose of fighting a duel after such challenge shall have to keep the 

been sent or received, it shall be the duty of such Trial Justice forthwith, - ^ XII fiu6 

to issue his warrant for the arrest of such person or persons, to be carried 

before some Trial Justice, who shall require such persons to enter into 

recognizance in such sum as to such Trial Justice may seem meet, con- 



184 OF TRIAL JUSTICES. 

ditioned that such person or persons shall keep the peace within this 
Slate, and shall not leave the State for the purpose of sending or receiv- 
ing a challenge to fight a duel, or for the purpose of lighting a duel after 
such challenge has been sent or received. 



( 'irif Jurisdiction. 
How tenants Sec. 25. On the determination of anv lease, in writing or by parol, of 

1) ol<lin "■ o vcr " 

may be re- any lands and tenements, within this State, when the lessee shall hold 
hi--', v, i .7, ;7 5 over thereafter, any two Trial Justices, in the County where the same 

is;;;i S x'i\i'!'oj ma y he situated, are authorized and required, on the complaint and due 
proof thereof by any lessor, his heirs or assigns, to place the names of 
twenty-four neighboring freeholders in a box, and from them draw the 
names of eighteen, and shall thereupon issue their warrant, in the nature 
of a summons, directed to the Sheriff, or any Constable of the County, 
commanding such officer to summon the said eighteen freeholders to at- 
tend at a certain time, within four days, and at a place appointed, and 
from the said eighteen freeholders so summoned twelve shall be drawn 
in the same manner, who shall be empannelled to try the facts : Pro- 
vided, That if from the said eighteen so summoned the number of 
twelve cannot, from any cause, be had, the Trial Justices are authorized 
to complete the number from the remainder originally selected. And 
the said Trial Justices shall also summon the said lessee, or any other 
person claiming or coming into possession under him, at the same time, 
and in the same way, likewise to appear before them, to show cause, if 
any, such lessee or other person may have, why possession of the premises 
should not be forthwith restored to such lessor, his heirs or assigns ; 
and if, upon hearing the case, the jury shall be satisfied that the com- 
plainant is entitled to the possession of the premises in question, they 
shall so find, whereof the Justices shall make a record, and shall there- 
upon issue their warrant, directed to the Sheriff of the County wherein 
the lands are situated, commanding him forthwith to deliver to such lessor, 
his heirs or assigns, full possession of the premises, and to levy all ex- 
penses incurred of the goods and chattels of the. lessee, or the person 
in possession as aforesaid. 

Proceedings 
in case of for- ~ ~ n ~, . p . ,. , - m . , T 

eible entry Sec. 2b. that the forms and proceedings before trial Justices, as 

anil detainer. „ „ ., , . , . , ,, , , 

ls „ lVI: . s> - cases ol forcible entry and detainer, shall be the same a.- air pre- 
Bennet&chiti acl "ihed by law in cases where tenants hold over, after the expiration of 
ty ad*. state, 1 their leases.. 

Itice'sDig ,340. 

May eject ^ec. 27. That when any person or persons have gone, or shall here- 
tmation* 1 'or aiu ' r S°> ' nto possession of any land or tenements of another, either as a 
""Method of tenant :lt will, or under a contract to serve another, either as a domestic 
pr oceeding. servant or common laborer, or otherwise, and shall refuse or neglect to 
51. ' '''' quit the premises so occupied, when required by the person letting the 
^•iiue, or-upon the termination of the contract, either by it- own limita- 
tion or from any other cause, it shall be lawful for tin person letting the 



OF TiUAL JUSTICES. 185 

premises to apply to any Trial Justice, whose duly it shall be to have a 
notice served upon the person or persons so refusing to quit, to show 
cause before him, at the expiration of ten days from the personal service 
of such notice, why he should not be ejected, and if no sufficient cause 
be then shown, it shall be the duty of the Trial Justice forthwith to issue 
his warrant, directed to the Sheriff or any Constable, requiring him, 
without delay, to eject such person or persons from the premises so let, 
and authorizing him to use such force as may be necessary. 

Sec. 28. That if any person shall have gone into, or shall hereafter To serve no- 
go into possession of any lands or tenements of another, without his con- p^ se ? n ^a, 
sent, or without warrant of law, it shall be lawful for the owner of the Sre," to 'eject 
land so trespassed upon to apply to any Trial Justice to serve a notice them by force 
on such trespasser to quit the premises, and if, after the expiration of 
five days from the personal service of such notice, such trespasser re- 
fuses or neglects to quit, it shall then be the duty of such Trial Justice 
to issue his warrant to any Sheriff or Constable, requiring him forthwith p , . 
to eject such trespasser, using such force as may be necessary: Provided, Tsati7xiii,40$; 
however, That if the person in possession shall, before the expiration of * ' 
the said five days, appear before such Trial Justice, and satisfy him that 
he has a color of claim to the possession of such premises, and enter into 
bond to the person claiming the land, with good and sufficient security, 
to be approved by the Trial Justice, conditioned for the payment of all 
such costs and expenses as the person claiming to be the owner of the 
land may incur in the successful establishment of his claim, by any of 
the modes of proceeding provided by law, the said Trial Justice shall 
not issue his warrant as aforesaid. 

Sec. 29. The Trial Justice shall be entitled to demand and receive Fees of Trial 
from the person applying for the warrant provided for in the two preced- Fees of Sher- 
ing Sections, a fee of five dollars before issuing the same, and the Sheriff wes. 
or Constable shall, in like manner, be entitled to demand and receive a Ib -' im < '<■ " 
fee of five dollars and mileage before executing such warrant, from the 
person applying for the same. 

Courts of Trial Justices. 

Parties enti- 

Sec. 30. Either party to a suit before a Trial Justice shall be entitled J 1 '"' 1 "' il trial 
1 J by jury- 

to a trial by jury, i s.;*7xiv7Too; 

§5- 

• 
Sec. 31. In civil cases, the parties may agree on a jury; but when selection of 

they do not agree, and also in criminal causes, a jury shall be selected Ib-; § 6 

in the following manner : The Sheriff, Constable, or other officer appointed 
by the Trial Justice, shall write and fold up eighteen ballots, each con- 
taining the name of a respectable voter of the vicinity; he shall deliver 
the ballots to the Trial Justice, who shall put them into a box, and shake 
them together, and the officer shall draw out one, and the person so 
drawn shall be one of the jury, unless challenged by either party; and 
the officer shall thus proceed until he shall have drawn six, who shall 
24 



186 OF TKIAL JUSTICES. 

not be challenged ; but if the first twelve shall be challenged, and the 
parties do not agree to a choice, the last six shall be the jury ; and when 
any of the six jurors so drawn cannot be had, or are disqualified by law 
to act in such case, and the parties do not supply the vacancy by agree- 
ment, the officer shall proceed to prepare, in the manner before directed, 
ballots for three times the number thus deficient, which shall be disposed 
of and drawn as above provided. 

Penalty on Sec. 32. If any juror so summoned shall neglect or refuse to appear, 
jurors. in obedience to such venire, and shall not, within forty-eight hours, ren- 

ib.,§7. (] er t th e Trial Justice who issued the venire a sufficient reason for his 
delinquency, he shall forfeit and pay a fine of two dollars to the Trea- 
sury of the County where the cause is tried, to be assessed by such Trial 
Justice, and collected on his warrant, without other process. 

.. . , Sec. 33. Every Trial Justice shall have power to enforce the observ- 

May prunsli J l 

for contempt. aD ce of decorum in his Court while holding the same; and, for that pur- 

Pumshment. ° ' L 

i839,xi,27, i i6. pose, he is authorized to punish any person who shall, in the presence of 
ay- ' — ' the Court, offer an insult to himself or a juror, or who shall be willfully" 
guilty of any undue disturbance of his proceedings while sitting officially, 
as for a contempt, by fine and imprisonment, either or both, not exceed- 
ing twenty dollars fine, and twelve hours' imprisonment. 

Appeal. Sec. 34. Every person convicted before a Trial Justice of any offence 



1870, xiv, 403, whatever, and sentenced, may appeal from the sentence to the next Term 
of the Court of General Sessions for the County. The appellant shall 
be committed, to abide the sentence of said Court, until he recognize to 
the State in such reasonable sum, and with such sureties, as the Court re- 
quires, with condition to appear at the Court appealed to, and at any 
subsequent Term to which the case is continued, if not previously sur- 
rendered and discharged, and so, from Term to Term, until the final 
decree, sentence, or order of the Court thereon; and to abide such final 
sentence, order or decree, and not depart without leave; and, in the 
meantime, to keep the peace, and be of good behavior. 

General Powers and Duties. 

Mux a.iminis- Sec. 35. Every Trial Justice shall have power to administer any oath, 
i.i oaths. authorized or required by law to be taken, and not directed to be ad- 

1839, 30, \ 20. l J 

ministered by another authority ; and any oath so administered shall, to 
all intents and purposes, be binding and effectual in law. 

May summon Sec. 36. Any Trial Justice, on the application of any party to a cause 

Refusaitotes- depending before him, shall have power, and is required, to issue a sum- 

tlfyj how pun- . . . , , . , 

ished. _ mons citing any person, whose testimony may be required in such causi , 

in , 29, 1 19. t() a pp ear before him at a certain time and place, not more than twenty 
miles from the residence of such witness, to give evidence, which sum- 
mons shall be served personally, at least three days before such atten- 
dance is required; and if such prson shall neglect or refuse to attend, 
the Trial Justice shall have power to issue a rule commanding sucn wit- 



OF TRIAL JUSTICES. 187 

ness to be brought before him ; or if any witness attending shall refuse to 
give evidence without good cause shown, the Trial Justice may commit him 
to the jail of the County, as for a contempt, not longer than one day, as 
well as tine him in an amount not exceeding ten dollars; the costs of 
such rule, commitment, and detention in custody, as well as in the fine 
so imposed, may be levied of the goods and chattels of such recusant 
witness, on the order of such Trial Justice, directed to any Constable of 
the County, as in cases of execution. 



Sec. 37. In case it shall appear to the satisfaction of any Trial Justice May take a©. 
aforesaid, that the attendance of any witness whose testimony may be c°n\Vin"ca9es! 
required in any case before him cannot be had, by reason of extreme have^'notice" 
age, sickness, or infirmity, or of indispensable absence on public official &c ~ 
duty, or in consequence of intended removal from the State before the 
cause can be otherwise ready for trial, or where such witness may be resi- 
dent in another County, or without the limits of the State, to take the Delivery, &c, 
examination of such witness in writing, or cause the same to be done by ° ^ eposi ion. 



another Trial Justice, to be used in evidence on the trial of the case : 
Provided, That the parties to such cause shall have notice thereof in 
time to be present, if they or either should choose to be present: Pro- 
vided, also, That when such examination is so made by another, it shall 
be sealed up, with the title of the ease endorsed, and conveyed by a disin- 
terested person to the Trial Justice authorizing the same. 

Sec. 38. Any Trial Justice is authorized and required to give, on May a u w 
proper affidavit, an order for reasonable bail, in any action wherein bail b ^nciations e " 
may be proper, but not, of course, at the time of commencing, or during j^ w ^ [£ 

the pendency thereof, in any Court of Common Pleas in the County hent ance - 

where such Trial Justice resides. He may also take releases of inheritance 
and renunciations of dower. 

Sec. 39. Any Trial Justice of the County is authorized and required Act as corc- 
to exercise all the powers, and discharge all the duties of the Coroner, in cases. 
holding inquests over the bodies of deceased persons, and taking all Ib -> **> - ' 
proper proceedings therein, according to the laws of force, in all cases 
where the Coroner of the County may be sick, or absent, or at a greater 
distance than fifteen miles from the proper place for such inquiry, or 
where the office is 1 vacant. 



Sec. 40. xVuy two Trial Justices are authorized and required to grant Two Trial 
the writ of habeas corjju* as fully, effectually and lawfully as may any SaSfwTits of 
Judge of the Court of Common Pleas and General Sessions or Judge of Se^'nV' "r or 
the Supreme Court of this State; and if any Trial Justice shall willfully "': fus ' h " 1 "' - 

I - . per cu — 

refuse, neglect, or omit to grant the writ of habeas corpus to any person i712.il, JbOTi 

1839 XI 

or persons requesting or demanding the same, who shall be legally en- 2 Ball'., & 
titled to request or demand the same, he shall forfeit, for said default, the 
sum of five hundred dollars. 



188 



OF TRIAL JUSTICES. 



c o ? amoks' ,<?EC - 4 * ■ Each Trial Justice shall keep two books, the one for civil, the 
criminal a c "{! otner for criminal cases, wherein he shall insert all his proceedings in 
S< n> •» > ~ eacn ca?e "^ ' ts t ^ e ' snow ' D S tne commencement, progress and termina- 
tion thereof, as well as all fees charged or received by him; and shall 
produce the same when required for the inspection of the Solicitor of the 
Circuit; and at the expiration of his term of office he shall deposit the 
same in the Clerk's office for the County for which he was appointed. 

To jet urn an Sec 42. All papers pertaining to the Court of Sessions shall be re- 
taining to the turned by each Trial Justice to the Clerk, at least ten days before the 

court ot Ses- , J 

sjons to the ensuing term of said Court, except such as may have been issued or re- 
ib.;-ii, in. ceived by him subsequent to that time, which shall be returned on the 
first day of the term, under the penalties in the following Section pre- 
scribed; and every such paper shall be of a size not less than half a 
sheet of foolscap, folded in the manner that writs are when issued, and 
shall be endorsed legibly with the title of the case, nature of the offence, 
kind of proceeding, and the Trial Justice's name. 

Penalty for S EC - 43. On their failure to return such papers to the Clerk, as directed 
-ycrv ^g VI i n tne preceediug Section, they Bhall not receive any fee or compensation 
552,§'i. ' for issuing or taking the same, unless it shall appear that the offence 

was committed or the information made subsequent to such day, or by 
the return of the Sheriff* Constable or other officer executing such war- 
rant or other process, to be made on oath that the same could not be 
executed by him in time therefor; and they shall be subject to the pay- 
ment of a fine of five dollars for every such default, within the discretion 
of the Court, to which a rule thereof shall be made returnable. 



Fines and 



Sec. 44. That all fines and penalties imposed and collected by Trial 

penalties to Justices iu criminal causes shall be forthwith turned over bv them to 

be forthwith . . -, . „ _, 

turned over the County Treasurers of their respective Counties, for County purposes : 

to the County J r . , 

Treasurers. Provided, lhat when, by law, any person or persons is or are entitled, 

isn, xiv, 655, as m f ormer or informers, to any portion of the fine or penalty imposed 

and collected, the same shall be immediately paid over to him or them. 

Failure to Sec. 45. If any Trial Justice shall neglect or refuse to immediately 
lines; "how pay over any and all fines and penalties collected by him in any crimi- 
P ™ M ^ ' nal cause or proceeding, he shall, on conviction thereof, be subject to a 
fine of not less than one hundred nor more than one thousand dollars, 
and imprisonment not less than three nor more than >ix month-, and 
shall be dismissed from office, and disqualified from holding any office 
of trust and profit under the State of South Carolina. 

May arrest Sec. 46. Anv Trial Justice, according to the established forms of pro- 
i o i offences ,. _ _» . . . „, , , « il _ .. . _, 

against the eeedmg for offences against this state, (at the expense of the United States, 

and to be tried by such Court of the United States as may have cogni- 

Proeess re- zan <56 of the offence,) may order the arrest, imprisonment or hail of a 

Clerkof U. a! P erson charged with a crime or offence against the United Stan-, alleged 

Court. tl) nave k een committed within this State : and a copy of the pre -- 

shall be returned as speedily as may be into the office of the Clerk of 



OF TRIAL JUSTICES. 189 

such Court, together with the recognizances of the witnesses for their ,, f" 1, ' llf,or t( ? 
' © be removed 

appearance to testify in the case, which recognizances any Trial Jus- c ' ountT proper 
tice may require, on pain of imprisonment; and if such offender be com- l-.j.i.xi.j.-j, § u. 
mitted within a County in which the offence cannot be tried, the Trial gress.s'ept. °6, 
Justice ordering the arrest shall issue his warrant for the removal .of the §' : «; c ap ' "*' 
offender and witnesses to the proper County. DigestfS.' 1 : l 

Sec. 47. The fees which Trial Justices shall be authorized to receive Fees of 
in the several cases herein specified shall lie as follows: Oath and war- ■:.'' 
rant, in any criminal case, fifty cents ; each recognizance, fifty cents ; 
commitment and release, each fifty cents : administering and certifying 
oath in writing, other than above, fifty cents ; issuing writ of habeas 
corpus to two Justices jointly, two dollars; issuing summons and copy 
for defendant in civil cases, sixty cents ; issuing summons for witness 
in any civil case, fifty cents: taking examination of witness in writing 
in any case, as prescribed by law, one dollar; for giving judgment on 
hearing litigated case, fifty cents ; for giving judgment in case not de- 
fended, fifty cents : tor issuing execution, or renewal of the same, fifty 
cents : report of case and taking bond to appeal, one dollar and fifty 
cents : for issuing attachment returnable to Court or Justice, including 
all notices, one dollar and fifty cents ; for filing return of garnishee and 
order thereon, twenty-five cents ; for proceedings in case of ejectment, 
five dollars ; for approval of indentures of apprentices or servants, one 
dollar ; for proceedings on Coroner's inquest, as prescribed by law, ten 
dollars ; for proceedings on estray of horse or mule, one dollar ; for pro- 
ceedings on all other estrays, fifty cents ; for taking and certifying re- 
nunciation of dower or inheritance, two dollars ; for granting order for 
special bail, one dollar; for trial of any criminal case or misdemeanor, 
three dollars ; for administering oath, twenty-five cents ; for administer- 
ing oath on affidavit, fifty cents ; proceedings in case of bastardy, inclu- 
sive, five dollars. 



Sec. 48. Trial Justices shall be entitled to the same fees for issuing „ 

° l ees for rule 

rules against Constables, and hearing the return thereto, as thev are al- against con- 
,,?,„.. . stable. 

lowed by law for issuing a summons and trying a small and mean cause. i846,xi, 3«i, \ 3 



Sec. 49. Xo account of a Trial Justice, for fees, in any criminal cause, p a j a o™ y 
shall be paid, unless he shall declare, on oath, that the costs in the said ", p °" °£*^ 
cause have not been recovered of the defendant, and that he. the defen- co "i"eted Vf 
dant, was unable to pay the same ; and, further, that all fines and penal- anattatfines 
ties theretofore collected by such Trial Justice have been faithfully and paj^to Com£ 
fully paid over to the County Treasurer of the Countv. T >' Treas urer. 

7 i . XIV, 656, 

- 

Sec. 50. If any Trial Justice shall charge any other fees or for any p en aitv for 

other services than herein allowed by law, he shall be liable to forfeit to ehar"e° rlzed 

the party injured ten times the amount of excess of fees so improperly ^ d ow recover - 

charged, to be recovered by suit in the Court of Common Pleas. iS40,xi,ioi, \ s. 



19.) 



OF CONSTABLES. 



CHAPTER XXVI. 



Of Constables. 



Sec. 

1. How chosen ; term of office ; where to 

reside. 

2. How to qualify. 

3. Oaths 

4. To act throughout County. 

5. To execute and return all" processes le- 

gally directed to them. Execution 
and attachment. Schedule. Sales. 
Advertisement. Payment. Penalty 
for default ; how recovered ; punish- 
ment. 

6. To execute process of Trial Justice's 

Court. Penalty for disobedience. 

7. Punishment for oppression, &c; fine 

and imprisonment; liability to party 
aggrieved ; costs. 
S. May be removed from office on convic- 
tion. 



Sec 

9. To attend Circuit Courts when re- 
quired. 

10. To arrest for disturbances of the peace 
and crimes committed in his view. 
May call out posse comilattis. Refus- 
ing to obej r his summons, a misde- 
meanor. 

11 Service of process. 

12. To return executions within sixty 

day-. 

13. Liability for neglect to enforce or re- 

turn executions; debt recoverable 
of sureties. 

14. Shall forfeit fees and be subject to fine 

of *5 for default in returning war- 
rants, Ac, of Trial Justices. 

15. Fees. 

1(5. Liability for unauthorized charge. 



How chosen • Section 1. Constables shall be chosen in each County by the qualified 

term of office, electors thereof, in such manner as the General Assembly shall direct, 
Where to re- _ J 

for the term of two years. They shall reside in the County, city or beat 



New. Const 
Art. IV, 



l. ■' for which they are elected. 



How to qual- 
ify^ 
1839, XI, 
2—3. 



80, §§ 



Sec 2. When any person shall be elected to the office of Constable, 
he shall repair to the Clerk's office of the County, and, together with the • 
evidence of his election, he shall lodge his bond, in the form prescribed 
by law, in the penalty of five hundred dollars, with good sureties, not 
le>s than two, nor more than five, to be approved in writing by the 
Clerk; and, upon taking the oaths herein prescribed, such person shall 
be entitled to a certificate from the Clerk that he has filed his bond, and 
taken the requisite oaths, and shall thenceforth be regarded as a regu- 
larly qualified Constable; nor shall any person, not so qualified, exer- 
cise the powers of a Constable: Provided, That nothing herein contained 
shall prevent a presiding Judge or a Trial Justice from appointing a 
Constable to act by virtue of such appointment, only on a particular 
occasion, to be specified in writing. 



Oaths. 



Sec. 3. Every Constable shall, before receiving the certificate in the 
lb.. 1829, vi, last Section provided for, take the following oaths: The oath prescribed 
by the Constitution for civil officers, the oath against gaming, and the 
following: "I, A. B , swear (or affirm, as the case may be,) that I am 
under no promise, in honor or law, to share the profits of the office to 
whii h I have been elected (or appointed, as the case may lie,") and I will 
not, directly or indirectly, sill or dispose of said office, or tin- profits 
thereof; but will resign, or continue to discharge the duties thereof, 
during the period fixed by law, if 1 so long live: So help me God." 



lo a e t 

clmn't"" 1 '"" 1 ^ EC " ^' Every qualified Constable shall be entitled to exercise his 
1889, XI, 80, i office throughout the County in which he may be elected or appointed. 



OF CONSTABLES. 191 

Sec. 5. A Constable is authorized, and he shall be bound faithfully 
and promptly: 

1. Tu execute all processes lawfully directed to him by competent a if processe3 

nntlimitv ■ legally direct- 

auinoin\ , eat0 him 

2. To make return, on oath, to the person issuing the process, to to make re- 
be endorsed in writing on the same, of his proceedings by virtue of it ; tum - 

Executions 

3. In every case where he mav levy an execution, or serve an at- and attach- 

" ment- 

tachment on personalty, he shall specify, by endorsement on the executiou 

or attachment, or by schedule thereunto annexed, a list of every ar- Schedule. 
tide so levied ou or attached, and forthwith lodge a copy of such list 
with the person issuing the process under which he acts. In all cases of 
sale by a Constable, he shall give ten days' notice, by advertisement at Xk 
two of the most public places in the neighborhood, of the time and place m p^ ment . 
of sales. And in default of paying over the amount of any debt collected, (ij^uft' 5 ' for 
to the party entitled, or his lawful agent, or to the Trial Justice, upon de- g,^ ^ record- 
rnand, or in default of returning to the defendant, upon demand, any over- P unishment. 
plus which may be in the hands of the Constable, he shall be liable to code of Pro- 
pay, in either case, to the party in interest and entitled to receive, the 3.50,317.' " '' 
original sum, aud interest thereon, at the rate of ten per centum per 277;' 'Dudley] 
month, recoverable before a Trial Justice, if not more than one hundred ;;i;; : ; nfch.?''i': 
dollars in amount, if greater, before the Court of Common Pleas, besides ]j t %l] 1 ' 14 ''" 
being liable to be indicted and punished as for a misdemeanor. 

Sec. 6. Every Constable shall be bound to execute, when required, To execute 

J l ' process ot 

every lawful order, judgment and determination of the Trial Justice, and Trial Justice 

J ° ' Court. 

of anv Trial Justice's Court; and for disobedience herein he shall be Penalty for 

disobedience, 
liable to be indicted and punished as for a high misdemeanor. -jj,, &, § 6. — 

Sec. 7. For oppression in office, whether by undue personal violence, Fineandim- 
cruelty, taking an amount of property in unreasonable proportion to the P rl s° nmellt - 
sum to be collected, or for any willful official misconduct, habitual neg- Liability to 
ligence, habitual drunkenness, or fraud, when established to the satisfac- grieved. aS " 
tion of a jury, upon indictment, a Constable shall be punished by im- 
prisonment not exceeding one year, and fine not exceeding one thousand 
dollars, at the discretion of the Court, besides being liable to an action 
by the party aggrieved; but if any such action for damages shall be in- aspearsj 37. 
stituted against a Constable, and the plaintiff fails, he shall be liable to 
be mulcted in double or treble costs, by order and at the discretion of 
the presiding Judge. 

Sec. 8. Upon the conviction of any Constable by indictment, the Judge office vacant 
before whom the case may be tried shall have power, by order, to declare ^ ""'" : " f '" 
the convict to be removed from office, whereupon his office shall be 2Spears, 27 
deemed vacant. 



Costs 



192 OF CONSTABLES. 

eoit tte court9 ^ EC- ^' -^ or s0 man J' °f t ' le Constables of any County as may be 

n he n re- thereto required by the Sheriff shall be bound to attend any of the Cir- 

7 cuit Courts, shall be officers of Court, ami perform the appropriate du- 

' " ' '" ties and services assigned them by the Sheriff and presiding Judge; and 

each Constable so attending shall be entitled to receive the compensation 

of one dollar and fifty cents for each day's attendance. 

To arrest for Sec. 10. Every Constable shall be a conservator of the peace, shall 
of the peace take into custody and carry before the nearest Trial Justice, any person " 
eommiued'in or persons, who may be, in his view, engaged in riotous conduct, or open 
b MaycaU out violation of the peace, and refuse, upon his command, to desist therefrom ; 
;'o and, also, any person who may, in his view, commit any felony or mis- 
mons hl misae» demeanor: and for the purpose of preserving the peace, and, also, exe- 
meanor. cuting any criminal process, every Constable shall have the power of or- 

-I.-2, iW. . . , • , , , 'i • • . . 

dermg out such posse comUatus to his assistance as maybe necessary to 
enable him to discharge his duty ; and any person refusing to obey his 
summons shall be liable to indictment and punishment as for a misde- 
meanor. 

se^eof 8 ' how ^ EC " ^" ^ ne serv ' ce > by a Constable, of all process in the nature of a 
~~ ib~ n. notice for personal appearance, shall be by delivering to the party a 

copy of the same, or by leaving the same at his most notorious place of 

residence. 

Toreturnex- Sec. 12. It shall be the duty of every Constable, with whom an exe- 

usisiydays. cution is lodged for collection, to proceed forthwith to execute the same, 

1 "i 'I'lm-oi "i ro- acc ording to its exigency, unless ordered by the party in whose favor the 

ec.iuii-, i 91, ± ame was issued to wait; and every execution shall be returned to the 

Trial Justice by whom it 'was issued, within sixty days from the date, and 

the Constable making such return shall set forth the full execution 

thereof, or the reasons for his failure. 

Liability for Sec. 13. When any Constable fails to do his duty in the enforcement 

neglect to en- . . , „ , , 

or re- or return ot an execution, the party in whose tavor the same may have 

tioDs. been issued may apply to any Trial Justice for a rule against such de- 

lb., 2 faulting Constable, requiring him to show cause, after the expiration of 

two days from the service of such rule, why the execution has not been 
enforced or returned, and on his failing to show cause sufficient, the said 
Justice may order the same to be made absolute, and the Constable shall 
be liable for the debt, interest and costs; and if he be unable to pay the 
recOTer . same, such liability shall be construed a breach of his official bond, and 
able ci sure- t ] u , <a „ u . ghall be recoverable in an action thereon against his se- 
curities. 

Shall forfeit 
fees and be 

;';;:. Sec. 14. That in all cases in which Trial Justices shall fail to lodge in 
Ii'. , .! 1, „ '" IV the offices of the Clerks of Court of their respective Counties recogni- 

t urnin^ war- * © 

Trial' &< in-' /: ""' s taken before them for the appearance of witnesses, defendants, or 

prosecutors before the Court of General Sessions for such County, or in- 

"" 2 formation- or other papers made before them, and returnable to such 



or CONSTABl I i HI I ENSUS. 



193 



Court, at least ten days before the meeting of said Court, and such de- 
fault shall arise from the neglect or improper delay of the Constable or 
other officer charged with the execution of any warrant or other process 
pertaining to the Court of General Sessions, such Constable shall forfeit 
his fees and be subject to a fine of five dollars for every such default, if, 
upon a rule to show cause, he shall fail to excuse himself to the satisfac- 
tion of the Court. 



Sec. 15. The fees of Constables shall be as follows: For summon- fees. 



ing witness, in civil case, fifty cents; for serving summons, rule or 1 * 7,) » xiv, 390, 
notice in any civil case, fifty cents; for serving attachment on each 
person, one dollar; for levying execution, posting advertisements of 
sale, and paying over proceeds, besides commission of three per cent, 
on amount collected, to be paid by the defendant in execution, fifty 
cents;, for every day in search of stolen goods, to be paid by com- 
plainant, two dollars; for serving a warrant in any State case, one dol- 
lar; for selling any est ray, five per centum of the proceeds, and in all 
cases for all actual and necessary travel one way, to be certified by the 
officer on the back of the process, in writing, five cents per mile; for all 
neceseary service in case of ejectment, as well before as after judgment, 
five dollars; for summoning Coroner's Jury, and witnesses, to be paid by 
the County, three dollars; for transportation of prisoners to County jail, 
ten cents per mile, to be paid by the County. 



Sec. 16. If any Constable shall charge any other fees, or for any other Liability for 
s 'lviee than herein allowed, such Constable shall be liable to forfeit to charges. 
the party injured ten times the amount of excess of fees so improperly I840,xi,i5i, j«. 
charged, to be recovered by suit iu the Court of Common Pleas. 



CHAPTER XXVII. 



Of the Census. 



Sec. 

1. Governor to appoint an Enumerator 

in each County. Enumerator au- 
thorized to appoint assistants; pro- 
viso. 

2. Enumerator and assistants to take an 

oaih. Certificate of oath must ac- 
company census return. 

3. Duties of Census Takers. 

4. Members of families required to give 

information under oath. Penalty. 

5. Returns to be deposited with County 

Auditor under seal. 



Sec 

t; Endorsement of package. County to 
he divided into census districts. 
Blanks and instructions. Returns 
to be forwarded to Commissioner of 
Agricultural Statistics. 

7. Commissioner to prepare books, &c.; 
report results to Governor, and make 
return to General Assembly. 

-. II Census Takers fail to comply with 
census law, Governor to have census 
taken. 

9. Pay of Census Takers ; Commissioner 
. may employ assistance to make cen- 
sus return-. 



Section 1. That the Governor be authorized and required to appoint appoint Enu- 
one person in each County of the State, who shall be charged with Enumera- 
taking the censusftlnd who shall he authorized to appoint such assistants assistant?? 1 "' 
25 



194 OF THE CENSUS. 

' >'" vlso ^ as mar be necessary : Provided, That the number of assistants shall not 

I8B9 XIV 229 . 

i: Con., Axt.', exceed four in each County, except in the County of Charleston, in which 
County the number of assistants shall not exceed six. 



lb., | 2 



company re- 
turn. 



Enumerator Sec. 2. That each and every person so appointed to take the census 
shall, before entering on the duties of his office, take, before some Trial 
Justice, the following oath, to wit: "I, A. B., do solemnly swear (or 
oatb ' to* "a"- affirm, as the case may be,) that I will honestly, faithfully and impar- 
tially take a correct census of all the inhabitants residing within the por- 
tion of the County to which I have been appointed as Census Taker, and 
will, in all respects, truly perform all the duties with which I am 
charged : So help me God." And a certificate from the Trial Justice 
who shall administer the said oath that the same has been duly taken 
before him shall accompany and be delivered with each and every return 
of the census. 



Duties of Sec. 3. That it shall be the duty of each and every person appointed 
— * .-" .',' -- to take the census, to call personally on the head or some mem- 
ber of each family in the County, or portion of the County for 
which he or they shall have been appointed, and obtain from such head 
of a family or member thereof, as aforesaid, the number of persons con- 
tained in such family, and such other information as may be required and 
directed by the Commissioner ot the Bureau of Agricultural Statistics. 



Members of Sec. 4. That each head or member of a family shall, when called on 
give informs* by the persons appointed to take the census, at his, her, or their residence 
oath. m eI or place of business, make, on oath or affirmation, a correct return of 
lb., \ 4. all persons of whom his or her family is composed, and also report such 
other information to said Census Takers as may be required by law ; and 
the persons so appointed to take the census are hereby authorized to ad- 
minister such oaths; and upon the failure of any person to make such 
returns or reports,_when required, he or she shall be subject to a penalty 
of twenty-five dollars, to be recovered in any Court of competent juris- 
diction. 



renalty. 



Hctuins to Sec. 5. That upon the completion of such returns and reports, each 
with County Census Taker shall deposit the same, in a sealed package, with the Audi- 
tier seal. " tor of his County, accompanied by a certificate, to be endorsed by some 
lb, 2 5. Trial Justice, purporting that the following oatli had been duly taken 
by such Census Taker previous to the delivery of such package to said 
Endorsement Auditor, to wit: "I, A. B., do solemnly swear (or affirm, as the ease may 
"' P 80 * ^- be,) that this packet contains a just, true, correct and impartial return 
of all the inhabitants of the census district to which I have been ap- 
pointed, and a faithful report of such information as was required by the 
Commissioner of the Bureau of Agricultural Statistics, so far as it was 
practicable to obtain the same: So help me God." t. 



OF THE CENSUS. 195 

Sec. 6. That it shall be the duty of the Census Takers for the County, be ,£?""$ ln °. 

under the direction of the Commissioner of the Bureau of Agricultural J° . t ' e " s " s D j s - 

o tncts ; blanks 

Statistics, to divide their several Counties into convenient districts for J. Ilrt instruc- 
tions. 

taking the census, to distribute blanks, books and instructions to the ib., § 6. 
Census Takers, to receive their returns when completed, and forward the Returns to 
same by the first day of November to the Commissioner of the Bu- to "commis- 
reau of Agricultural Statistics, and to render such further assistance to Heuftunu sta- 
said Commissioner in the premises as that officer may direct. tistios. 

Sec. 7. That it shall be the duty of the Commissioner of the Bureau „ . . 

J - Commission- 

of Agricultural Statistics to have prepared, on or before the fifteenth day ert ° prepare 

° l ' J books, &c.;re- 

of April, 1875, and on the same day every tenth year thereafter, suitable portresuitsto 

. . _ ... . . . -ii^ Governor, 

books, blanks and instructions to facilitate the registration provided tor and make re- 

• o ■■!■/■• • • turn to Gene- 

herein, and the collection of such statistical information as said Commis- rai Assembly. 
sioner may deem of sufficient importance to the people of this State; Ib >§ 7 - 
and when the Census Takers shall have made the returns hereinbefore 
provided for, the said Commissioner shall forthwith report the results of 
such registration to the Governor of the State for the time being, and 
shall make a collated return of the statistics to the General Assembly at 
its next regular session. 

Sec. 8. That the Governor of the State, for the time being, shall, im- If census 
mediately after receiving from the Commissioner of the Bureau of Agri- 2omn\'y flU with 
cultural Statistics the said report, examine the same, and, in case it shall tbe S Governor 
appear to him that any person or persons appointed to take the census as to "JS?™ 611 ' 
aforesaid shall in anywise have failed to comply with the duties imposed ib., § 8~ 
on him or them, either in taking the census or in making returns, he 
shall forthwith cause the same to be taken and returned wherever such 
defaults shall have been made. 

Sec. 9. That the Census Taker employed in taking the census shall be p f „ 
entitled to receive, as compensation for his services, the sum of five dol- SU9 Takers. 
lars per day, and his assistants four dollars per day, wnile actually em- 
ployed, and no more. Such compensation shall be paid monthly out of 

,i rp , .i • , i Cornmission- 

any moneys in the treasury not otherwise appropriated, upon warrants er mav e m- 
to be drawn by the Comptroller General whenever he shall have received £ n °£ i n a inak- 
satisfactory proof that the services of the claimant have been faithfully ing leturns - 
rendered. Aud the Commissioner of Agricultural Statistics is hereby 
authorized to employ clerical service to assist him in collating and 
making his returns, such service to be paid for out of the contingent fund 
of the Bureau of Agricultural Statistics, aud not to exceed the sum of 
three hundred dollars. 



196 



GENERAL PROVISIONS RELATING TO PUBLIC OFFICERS. 



TITLE VII. 



CHAPTER XXVIII. 
General Provisions Relating to Public Officers. 



Sue. 



•Sales of Public Offices. 



1. Penalty for selling offices. 

2. Sales, &c, of offices void. 

3. Official ads, performed after offence 

but before removal, valid. 

Bonds of Public Officers. 

i. Form of bond to be given by all public 
officers. 

5. Comptroller General to have blank 

forms of bonds printed and distribu- 
ted to Counties. 

6. Clerk to receive blanks and give to 

officers. 

7. Place of deposit of bonds of State offi- 

cers. 



Skc. 

8. Bonds to be examined by Comptroller 

General, Secretary of State and 
Treasurer. 

9. Certain bonds to be examined by Gov- 

ernor. 

10. Bonds of County officers to be re- 

corded. 

11. Bonds of public officers maybe sued 

on, and certified copy used in evi- 
dence ; provision as to County offi- 
cers 

12. Sureties not to exceed twenty; sutli- 

cieneyof obligors to be regarded in 
the aggregate. 

13. Maybe referred to Attorney General 

in certain cases. 

Additional Oath. 

14. Officers to take additional oatli not to 

share profits of office. 



Sales of Public Offices. 

Section 1. That if any person or persons bargain for the purchase i r 
selling offices, sale of, or sell, any office or offices, or deputation of any office or offices, 

> ' '" or any part or parcel of any of them, or receive, have or take any money, 

fee, reward or any other profit, directly or indirectly, or take any pro- 
mise, agreement, covenant, bond, or any assurance, to receive or have any 
money, fee, reward or other profit, directly or indirectly, for any office or 
offices, or for the deputation of any office or offices, or any part of any 
of them, or to the intent that any person should have, exercise or enjoy 
any office or offices, or the deputation of any office or offices, or any part 
of any of them, which office or offices, or any part or parcel of them, 
shall in anywise touch or concern the administration or execution of 
justice, or the receipt, control or payment of any public treasure, money, 
rent, revenue, account, auditorship, or surveying of any public lands, 
tenements, woods or hereditaments, or which shall touch or concern any 
clerkship to be occupied in any Court of record wherein justice is to be 
ministered, every such person or persons shall not only lose and forfeit 
all right, and interest in or to any of the said office or offices, deputation 
or deputations, orany part of any of them, but shall immediately, by and 
upon the same fee, money or reward given or paid, or upon any such 
promise, covenant, bond or agreement, had or made for any fee, sum of 
money or reward, to be paid as aforesaid, be adjudged a disabled per- 
•nii in the law, to all intents and purposes, to have, occupy or enjoy the 
said office or offices, deputation or deputations, or any part of any of 
them, for the which any such person or persons shall bo give or pay any 

sum of iey, fee or reward, or make any promise, covenant, fond or 

• ther assurance to give or pay any sum of money, fee or reward. 



GENERAL PROVISIONS RELATING TO PUBLIC OFFICERS. 197 

Sec. 2. That every bargain, sale, promise, bond, agreement, covenant dee3%oid' 0f 
and assurance, as before specified, shall be void to and against him and lb., 5 2. 
them by whom any such bargain, sale, bond, promise, covenant or as- 
surance shall be had or made. 

Sec. 3. That if any person or persons shall offend in anything con- official acts 

trary to the tenor and effect of Section 1 of this Chapter, yet, not- t > er f< "offence" 

withstanding, all judgments given, and all other act and acts executed or but before i re- 
o* •> & & ' _ moval, valid. 

done by any such person or persons so offending, by authority or color of rE 
the office or deputation which ought to be forfeited, or not occupied, or 
not enjoyed, by the person so offending, after the said offence so by such 
person committed or done, and before such person so offending for the 
same offence be removed from the exercise, administration and occupa- 
tion of the said office or deputation, shall be and remain good and suffi- 
cient in law to all intents, constructions and purposes. 

Bunch of Public Officers. 

Sec. 4. That the bond given by any person elected or appointed to Form nf 
any office for which bond is required, shall be of the form following: g?ven by ai'i 

public officers 

" State of South Carolina. "Taa, vi, 383, 

"Know all men by these presents, that we (here insert the names of v, 258, | 6 2) ' 
the person ami his sureties) are held and firmly bound unto the State of a '' 6ti "' 
South Carolina, in the penal sum of (insert the amount required by law) 
dollars, to the payment of which, well and truly to be made, we bind 
ourselves, and each and every of us, our heirs, executors and administra- 
tors, firmly by these presents. Sealed with our seals, and dated this 
(insert the day) day of (insert the month) Anno Domini one thousand 
eight hundred aud (insert the year) and in the (insert the year) year of 
the Independence of the United States of America. 

" Whereas, the above bound (insert the name of the person appointed 
or elected) hath been appointed, (or elected, as the case may be,) to the 
office of (insert the office.) 

"Now, the condition of the above obligation is such, that if the above 
bound (insert the name of the person appointed or elected ) shall well 
and truly perform the duties of said office, as now or hereafter required 
by law, during the whole period he may continue in said office, then the 
above obligation to be void and of none effect, or else to remain in full 
force and virtue. 

" " , [L- S.] 

"Sealed and delivered, in presence of: 
" [Here place names of witnesses.] " >- 

Sec. 5. It shall be the duty of the Comptroller General to ascertain General r °' 'to 
the number of officers in this State from whom bonds are required, and baye blank 

1 > forms of 

to cause an equal number of said bonds to be printed annually, at the bonds printed 

1 r ■" and distri- 

expense of the State, having thereon the blank forms for the proper bnted to 
„. . . , „ , , ,. ., Counties. 

officers to approve securities, and for probate; and to distribute to ~Tb~, 334 1 2. 



198 # GENERAL PROVISIONS RELATING TO PUBLIC OFFICERS. 

each County, annually, a number of said bonds equal to the number of 
officers from whom bonds are required in said County respectively. 

Clerk to re- Sec. ^- ■"■' sm iH De tne duty of each Clerk to receive the bonds for his 
ceive them. County, and to deliver one to each person elected or appointed to any 
such office, whenever called for. 

Place of de- 
posit of bonds 

c'ers State ° ffl ' Sec - 7 - That the bontls of u11 State officers shall be deposited in the 
1820/ri, U7. ', 3 ; office of the Treasurer of the State of South Carolina. 

186B, XIII, 381, 

51. 

b "a "t b ^ EC ' ^" "^ sucn bonds, except those of the Comptroller General, 
examined by Secretary of State and Treasurer, shall be annually examined by a 

Comptroller, J . 

Secretary of Board, to consist of the Secretary of State, Comptroller General 
Treasurer. and Treasurer of the State; and if any surety in either of the 
IX. ' ' aforesaid officers' bonds should die or depart permanently from the 
State, or if the said Board should, at the time of their examina- 
tion, or at any other time, be of opinion that either of the said sure- 
ties is not worth as much, clear of debt, as his proportion of the ob- 
ligation to which his name is affixed, the said Board shall cause the said 
public officer, whose surety has departed this life or removed from the 
State, or is objected to for insufficiency of estate, as aforesaid, to be noti- 
fied of such exception ; and the. said officer shall, within thirty days after 
the service of such notification, procure other satisfactory surety to the 
said Board for such as have departed the State or died, (but shall hot 
cancel or at all impair the original bond,) or produce satisfactory evi- 
dence to the said Board that the surety objected to as owning insufficient 
property, as aforesaid, is worth as much as his proportion of the said ob- 
ligation, clear of debt, or else the said public officer shall procure such ad- 
ditional and sufficient surety or sureties as the said Board shall approve 
of; and in default of compliance with either of the said requisitions, 
within the said thirty days, the office of the said defaulting officer shall 
be regarded as vacant. 

Certain bonds Sec. 9. That the bond of the Comptroller General, Secretary of State 

^ned e i.,y gov- and Treasurer shall be annually examined by the < rovernor, and if any 

surety in eitlfer of the aforesaid officers' bonds should die or depart per- 

io>,\ t,U7,§s! manentlv lVom the State, or if the said Governor should, at the time of' 
(See i, Chap. . . . . . . . . . 

xvi. Ins examination, or any other time, be of opinion that either of t lie said 

sureties is not worth as much, clear of debt, as his proportion of the obli- 
gation to which his name is affixed, he, the* said Governor, shall cause 
the said public officer whose surety has departed this life or removed 
from the State, or is objected to for insufficiency of estate, as aforesaid, 
to be notified of such exception; and the said officer shall, within thirty 
days after the service of such notification, procure other satisfactory 
surety to the said Governor for such as have departed the State or died, 
I luit shall not cancel or a( all impair the original bond, ) or produce satis- 
factory evidence to the said Governor that the surety objected to as own- 
ing insufficient property, as aforesaid, is worth as much as his proportion 



GENERAL PROVISIONS RELATING TO PUBLIC OFFICERS. 199 

of the said obligation, clear of debt, or eke the said public officer shall 
procure such additional and sufficient surety or sureties as thesaid Governor 
shall approve of; and in default of compliance with either of the said 
requisitions within the said thirty days, the office of the said defaulting 
officer shall be regarded as vacant. 

Sec. 10. That every County officer elected or appointed, who is required Bomls of 
to give bond for the faithful performance of the duties of his office, shall cers'to 7 be "re- 
be required, within thirty days after such election or appointment, to coraea - 

!. .1, , ,1.1 m ^ii-.- -.t.1- ^, 1866.XIII.382,' i 

have his said bond recorded m the office of the Register ot Mesne Convey- 
ances for the County in which such officer re-sides, and the Register shall 
keep a separate book, properly indexed, for the purpose- of recording 
such bonds, which book shall be provided by the County Commission- 
ers ; and he shall be entitled to exact a fee from the public officer of one 
dollar for recording his bond. 

Sec. 11. The bond of any public officer in this State may at all times Bonds of 
be sued on by the public, any corporation, or private person aggrieved j^'te^'ued 
by any misconduct of any such public officer; for which purpose the fl"a copynsed 
officer or officers, for the time being, with whom such bond may be filed, as evidence. 

1S29, VI, 384 

upon application at his or their office, shall deliver to any person apply- ?5;1866, km,' 
ing therefor and paying the fees for doing the same, an exact and certi- 12 Rich., 286. 
tied copy of the bond of such public .officer there deposited ; which 
copy so certified shall be good and sufficient evidence in all suits to be 
instituted in any Court of this State : Provided, That if any person be provision as 
aggrieved by the default of any County officer, and desire to sue upon acers" 1 " 15 ' ° " 
the bond of such officer, a certified copy of such bond from the Register 
of Mesne Conveyances where said bond is recorded, shall be sufficient. 

Snreties not 

Sec. 12. The limit to the number of sureties allowed upon an official twenty^ 066 
bond shall be not more than twenty, and in the approval or disapproval 1866. XHI.469, 
of the sufficiencv of the sureties, regard shall be had onlv to the suffi- Xrv| 19,'s-i. 

Sufficiency 

ciency iu the aggregate of the obligors on such bond : Provided, That of obligors to 

be regarded 
on the bond of Judges of Probate, Coroners, Clerks of Courts of Com- in the°aggre- 

mon Pleas, Sheriffs and County Treasurers, the number of sureties shall (Se ' e chapg- 

not exceed twelve nor be less than two. ^N-yi't^I' 

XXIV, § 3.) 

Sec. 13. That in all cases where the Countv Commissioners refuse to Bonds may 

, . 1 _ „ be referred to 

approve the bonds of auv Countv officers, the said officers may refer the AttorneyGen- 

Grill in cci*" 

same to the Attorney General, and, if approved by him, they shall be ac- tai n cases. 
cepted by. the County Commissioners. 1868, xrv, 70, 

Additional Oath. 

Sec. 14. Each County officer, elected or appointed, shall, before enter- officers to 
ing upon the duties of his office, in addition to the other oaths required ai oath not to 
by law, take the following oath: " I, A B, swear (or affirm, as the case of 'office 1 ? 10 
may be,") that I am under no promise, in honor or law, to share the profits „, 1829 ' VI > 3S4 > 
of the office to which I have been elected, (or appointed, as the case may 



200 



OF PAUPERS. 



be,") and I will not, directly or indirectly, sell or dispose of said office, or 
the profits thereof; but will resign, or continue to discharge the duties 
thereof during the period fixed by law, if I so lung live: So help me 
God." 



TITLE VIII. 

OF PUBLIC CHARGES. 



Chapter XXIX. Of Paupers. 

XXX. Of the State Orphan Asylum. 
XXXI. Of the Estate of Dr. John De La Howe. 



CHAPTER XXIX. 



Of Paupers. 



Sec. I Sec 

1. County Commissioners to provide 13. 

Poor Houses and Farms. 

2. To be Overseers of Poor House and 

Farm ; to make rules ; appoint Su- 14. 
perintendent and assistants : to pro- 
vide employment for inmates, &c ; 15. 
proviso ; no cruel punishment al- 
lowed. | Id. 
3 How legal settlements may be ac- 
quired : 1. Of married women. 2. Of 
legitimate children. 3 Of illegiti- 17. 
mate children. 4. Of citizens gener- 
ally. 

4. County Commissioners to appoint 18. 

Overseers of the Poor; their powers 
and duties. 

5. County Commissioners may commit 19 

to Poor House, if Overseers neglect 

or refuse. 20. 

6. Overseers to care for persons of other 

places ; expenses, how recovered. 21. 

7. To notify Overseers of proper County, 

and request removal. 22. 

8. Ho w removed, if request not complied 

with. 
a. The notice and answer may be sent 23. 
by mail ; proviso. 

10. Penalty for importing a pauper. 

11. Countv Commissioners may establish 24. 

additional Pom- Fauns; p'roviso. 

12. Charleston and Columbia may provide 

for their own poor, respectively. 



Overseers to make annual return to 
Secretary of State ; nature of the re- 
turn ; Secretary to furnish blanks. 

Secretary of State to transmit abstract 
of returns to General Assembly. 

Commissioners to appoint, and" audit 
accounts of, a physician for the poor. 

Commissioners to provide hospital 
accommodations; Charleston ex- 
cepted ; proviso. 

Poor persons having relations able to 
relieve them shall have an allowance 
from them. 

Commissioners to receive legacies 
given for the use of the poor; to 
prosecute for recovery. 

Commissioners may bind out poor 
children as apprentices. 

May bind out illegitimate pauper 
children. 

To arrest illegitimate pauper chil- 
dren by warrant- 
Moneys" due on recognizances for 
maintenance of illegitimate children 
to be paid to Commissioners. 

Commissioners may semi all pauper 
lunatics, idiots and epileptics to 
A-vlum. 

Lame or impotent persons brought 
into the State must procure surety 
that they will save the County from 
their support. 



county com- Sectiox 1. It shall be the duty of the County Commissioners of each 

provide Poor County in this Siate, in pursuance of the authority conferred upon them 

Farms* "" by law, to provide, as soon as practicable, in their County, such buildings 

r»7ii, xn, :>'•.'.), as may be needed for the accommodation of the poor of said County; 

said buildings shall have connected with them sufficient tillable land to 

give employment to such persons, able to work, as may come upon the 

County for support ; and said buildings and land shall lie known as the 

Poor House and Farm of -aid County. 



OF PAXPERS. . 201 

Sec. 2. The County Commissioners shall, until otherwise provided by BB e?8 b of Poor 
law, be Overseers <:i the County Poor House and Farm, and shall have J™* m »™* 
power and authority to make all necessary rules and regulations for the 1 '^ u ' s : u .i 1 P° int 
u'lvernineut of the same, and to appoint a Superintendent with such as- d «n' <»>•• A - 

11 L sistant: pro- 

sistants as may be needed. They shall also have the power, and it shall viae employ- 

J . . ment for rn- 

be their duty, to provide such employments as will be best suited to the mates, &c. 

inmates of the Poor House ; and to see that every such poor person, able '' ' " 

to work, is employed at some kind of labor; and to dispose of all ar- 
ticles manufactured, and all produce raised on said Farm, in such man- 
ner as maybe most profitable: Provided, That the proceeds accruing Pl . ovl30 
from sales of produce, from rents or other sources, shall be faithfully 
appropriated to the support of the poor in said County: And provided, 
further. That no unusual or cruel punishment shall ever be allowed in punishment 

' „ .,..-, allowed. 

any Poor House in this State. 

Sec. 3. Legal settlements may be acquired in any County, so as to How legal 
oblige such County to relieve and support the persons acquiring the may be ac- 
same, in case they are poor and stand in need of relief, iu the manner i D 370 » 3 
following, namely: 

1st. A married woman shall follow and have the settlement of her 1. Of married 

women. 

husband, if he has any within the State; otherwise, her own at the time 
of marriage, if she then had any, shall uot be lost or suspended by the 
mania 

2d. Legitimate children shall follow and have the settlement of their 2 of legiti- 
father, if he has any within the State, until they gain a settlement of dren. 
their own ; but if he "has none, they shall, in like manner, follow and 
have the settlement of their mother, if she has any. 

3d. Illegitimate children shall follow and have the settlement of their 3. Ofillegiti- 
mother at the time of their birth, if she then has any within the State ; dren. 
but neither legitimate or illegitimate children shall gain a settlement by 
birth in the County where they may be born, if neither of their parents 
then has a settlement therein. 

4th. Any person of the age of twenty-one years, being a citizen of 4 of citizens 
this or any other of the United States, who has lived for three successive s enerall y- 
years in any County, and who has during that time maintained himself 
and family, shall be held to have acquired a legal settlement therein. 



Sec. 4. It shall be the duty of the County Commissioners of each county com. 
County iu this State to appoint, annually, one or more persons, who shall appoii 
be known as the Overseers of the Poor in the County. It shall be the poor. 
duty of said Overseers to look after and care for the indigent, old and in- 1*1 i L 
firm, and all other destitute persons within the limits of the County, and 
said Overseers shall have authority to send any poor person who may Their pow- 
become a charge upon the County, to the County Poor House, subject to 
such conditions as may be established by the County Commissioners. 

26 



202 OF PAUPERS. 

C mY n sion°re' ^ EC- 5 - **" ^ ie Overseers of the Poor of any County shall refuse or 
m t s c p mmit neglect to provide for any poor person who shall ask for relief, or who 
House if over- shall be reported to thein as needing and entitled to receive relief, it shall 

seers neglect, * c ' 

&o- be the duty of the County Commissioners of said County, and they shall 

have the power, after investigation, either upon the complaint of the per- 
son asking relief, or upon the complaint of any resident of said County, 
to commit such poor person to the County Poor House. 

overseers to Sec. 6. The Overseers of the Poor, in their respective cities or Conn- 

c;t re foi" 13001* 

having settle- ties, shall provide for the immediate comfort and relief of all persons 

inent in other . . l 

place s. residing or found therein, having lawful settk ments in other plat es, \\ hen 

ib, §6. they fall into distress and stand in need of immediate relief, and until 
they are removed to the city or County of their lawful settlement; the 
expenses whereof, incurred within three months next before notice is 
ExDenses— S lyva t0 ^ ie p' ace t0 oe charged, as also of their removal, or burial, in 
how reeov- case f their death, may be recovered by the city or County incurring 
the same, against the city or County liable therefor, in an action at law, to 
be instituted within two years after the cause of action arises, but not 
otherwise. 

To notify Sec. 7. The Overseers of the Poor of any city or County may send a 
proper coun- written notificatioB, stating the facts relating to any person actually be- 
quest' 1 r'emov- come chargeable thereto, to one or more of the Overseers of the city or 
—k — .. ; . County where his settlement is supposed to be, and requesting them to 
remove him, which they may do by a written order directed to any per- 
son therein designated, who may execute the same. 

How removed Sec. 8. If such removal is not effected by the last mentioned Over- 

nq^complied seers within one month after receiving the notice, they shall, within the 

wl . ' , „ said one month, send to one or more of the Overseers, requesting such 

lb., \ 8. ' . 

removal, a written answer, signed by one or more of them, stating therein 
their objections to the removal ; and if they fail to do so, the Overseers 
who requested the removal may cause the pauper to be removed to the 
city or County of his supposed settlement by a written order, directed to 
any person therein designated, who may execute the same.; and the 
Overseers of the city or County to which the pauper is so sent shall re- 
ceive and provide for him; and such city or County shall be liable for 
the expenses of his support or removal, to be recovered in an acti ii 
the city or County incurring the same, and shall be barred from contest- 
ing the same question of settlement with the plaintiff in such action. 

Notice, sc. Sec. 9. The notification and answer mentioned in the two pre< i 
by mail. >cu Sections may be sent by mail; and such notification or answer, din 
Ifc., ? 9. to the Overseer of the Poor of the city or County intended to be so noti- 
fied or answered, postage prepaid, shall be deemed a sufficient notic 
answer, and shall be considered as delivered to the Overseer to whom it 
was directed at the time when it is received at tin posl i ffice of the city 
or County to which it is directed, and in which t he Overseer resides: 
Proviso Provided, That said letter of notification be registered. 



OF PAUPER*. 203 

Sec. 10. Whoever brings iuto and leaves any poor ami indigent per- i^S^rtiMt*"* 

son in any city or County in this State, wherein such pauper is not law- paupe r. 

fully settled, knowing him to be poor and indigent, and with the intent to 
charge such city or County with his relief or support, shall forfeit a sum 
not exceeding one hundred doll a ch offence, to be recovered in 

any proper action, to the use of such city or County. 

Sec. 11. The County Commissioners shall have the power, if the con- county com- 
, . „ . . « , -,. it, ,,.. , missioners 

venience or necessities oi their Lounty demand it, to establish additional may establish 

Poor Farms in said County: Provided, That when such additional Poor poor Houses. 

Farms are established, they shall be located in portions of said County — Ib ' — 

where they will be most convenient to the people at large. 



Sec. 12. The citv authorities of Charleston and Columbia shall be al- 



the return. 



Charleston 

lowed, and it shall be their duty, to provide for the care of the poor {^V^rovilie 
within the limits of their respective cities; and the County Commissioners ™^ eir own 
of Charleston and Richland Counties shall, when they levy a general poor ib., { 12. 
tax for their Counties, except from the payment of the same the said 
cities of Charleston and Columbia: Provided, That the aforesaid author- 
ities of the cities of Charleston and Columbia shall have made adequate 
provision for the support of their poor. 

Sec. 13. The Overseers of the Poor of each city and County in this overseers to 
State shall, on or before the fifteenth day of October of each year, make return to"sec- 
and return to the Secretary of State a statement of the paupers in each stated ° f 
city or County as they were during the year ending the thirtieth day of ib., § 13. 
September preceding, which return shall contain true and correct answers 
to the following inquiries: What number of persons have been relieved Nature of 
or supported by your County (or city) during the year ending Septem- 
ber 30th? Of those, how many have a legal settlement in your County 
or city? How many are foreign' born ? How many colored? How 
many white? Have you a Poor House? What number of acres 
of land is attached to your Poor House? What is the present estimated 
value of your Poor House establishment? Real estate? Personal? 
What number of persons have been supported in your Poor House 
during the whole or any part of the year? What is the average num- 
ber supported in the Poor House'' What is the average weekly cost of 
supporting each pauper in the Poor House? What number of persons 
have been inmates of your Poor House who are unable to perform any 
kind or amount of labor? What is the estimated value of all the labor 
■med by the poor in your Poor House? What was the kind and 
quantity of crops raised on the Poor Farms? The value of that sold? 
The estimated value of that retained for use on the Farm? How many 
persons, including their families, have you supported out of the Poor 
House during the whole or a portion of the year? What is the average 
weekly cost of supporting each pauper out of the Poor House? How- 
many have you aided out of the Poor House ? How many have you 
relieved who were insane? How many who were idiots? What 
number of your poor, supported at the public charge, have been 



204 OF PAUPEKS. 

made dependent by intemperance in themselves; 1 What number by in- 
temperance in those who ought to have been their supporters? What is 
the total net cost of supporting or relieving the poor in your County or 
city during the year, including interest on your Poor House establish- 
ment? How many are supported in your Poor House at the present 
time ? How many are supported out of the Poor House at the present 
time ? How many are assisted out of the Poor House at the present 
time? They shall, at the same time, make correct returns of all chil- 
dren in such County or city, under fourteen years of age, who are sup- 
ported at the public charge, specifying therein the name, age, sex and 
^^^'y t0 color of each. And the Secretary of State shall furnish County Com- 
bianks. missioners of every County, and the Overseers of the Poor of each city 

in the State, with blank forms of returns, which shall contain, in sub- 
stance, the foregoing interrogatories. 

secretary to ®ec. ^" ^he Secretary of State shall, on or before the fourth Tues- 
mit the day i n November of each year, make out an abstract of the returns 

same to Gene- J J 

rai Assembly, rnade to him, together with such explanatory remarks as he deems 
•i ' '-. i • p r0 p er) an( j ) through the Governor of the State, transmit the same to the 
Legislature. 

Sec. 15. That the County Commissioners of the several Counties in 

Commis- . • . . . . 

sioners to ap- the state are authorized, whenever, in their udgruent, it is necessary, to 

point, and au- . ... . . . T ,, . _ . , ". , 

.lit accounts appoint one or more physicians, whose duty it shall be to furnish medical 
for the poor, aid to the indigent sick in their respective Counties; and whenever 
lu'tion 1 xTv" account s are rendered for the performance of such duty, the County 
iil <i l - Commissioners are hereby instructed to examine said accounts, and, if 

found correct, to audit the same, and give a warrant on the County 

Treasurer for their payment. 

commission- Sec. 16. That the County Commissioners of the respective Counties of 
nospHai° act ln > s State are authorized and required to provide suitable hospital 
tion"s'.' moJa " accommodations in connection with the Poor House at or near the 
ib., § 2. County seats of their respective Counties, where the indigent sick 
poor may receive medical and surgical aid, free of charge, and to 
appoint physicians thereto, except the County of Charleston, where the 
excepted. County Commissioners are hereby authorized and required to cause to be 
built at or near Cordesville, Parish of St. John's Berkeley, a hospital for 
the indigent sick poor, and to appoint a physician thereto, to be paid as 
Proviso. herein provided: Provided, The cost of the said building shall not ex- 
ceed two thousand (2,000) dollars: Provided, further, That no physician, 
so appointed to any of the hospitals, shall charge for his services more 
than one-half the usual fees. 

persons 

able 'to Sec. 17. That in case any person shall l>eso poor as to become chi 
BtouThaveSi a ' } ' e to *' ie County or r ' l . v wherein lie has a legal settlement, which per- 
rrom'them? son ' ias a ^ a ^ er > or a grandfather, or mother, or grandmother, or child, 
it j. i! ., 7 or grandchild, of sufficient ability to relieve such poor person, it shall 
Bail., 8s6'. ' be lawful for the County Commissioners, upon complaint made by any 



OF PAUPERS. 205 

citizon of the County or city, to order some one or mure, or all of such 
relations, to allow -the poor person so much, by the week, as they shall 
think fitting, and in case of refusal to pay the same, it shall be lawful 
for any Trial Justice of the County, by his warrant under his hand and 
seal, directed to any of the Constables, to levy the same by distress and 
sale of the goods of such person or persons refusing to pay; and the 
several Constables, or any of them, are required and commanded to exe- 
cute all such warrants. 

_, _. , _ „ . . i 11 , i i Commission- 

bEC. 18. I hat the County Commissioners shall have power to demand ers to receive 

and receive all such gifts and legacies, and all such fines and forfeitures, given to the' 
and any other moneys or things whatsoever, as are given to the use of the poor;topro*se- 
poor; and, in case of refusal to deliver or pay the same, to commence eovery. 
and prosecute any lawful suit or action for the recovery thereof. "iBaV'ls' 2 " 

Sec. 19. That in case any poor children shall be chargeable to any ers may bind 
County, it shall and may be lawful for the Commissioners of such County aren as ap- 
to bind any such child or children out to be an apprentice, until every — ^ [a n "^g~a 
male child shall arrive to the age of twenty-one years, and every female ?j 1791 ' v ' 17li ' 
until she shall arrive unto the age of eighteen years, or be married. N^aPv'o' 

263. ' 

Sec. 20. That the County Commissioners shall have power to bind May bind out 
out to service illegitimate children in all cases where such children are pauper euii- 
likely to become chargeable to the County, or are liable to be demoral- '- ~ .. 
ized by the vicious conduct and evil example of their mothers, or other " ■.[' ' : '':.}, 1 ' I- 1 ?' 
persons having the charge of them ; and it shall be the duty of the p~ >• ( 
County Commissioners in each and every County of this State, upon in- 
formation made to them that any illegitimate child, above the age of five 
years, is likely to become chargeable to the County, or from the vicious 
conduct and evil example of the mother of the said child, or other per- 
son having it in charge, is likely to become demoralized and brought up 
in vice and idleness, to cause such child to be bound to service, in charge 
of some person of good character : a female child, until she attains the 
age of eighteen years or marries, and a male child, until he attains the 
age of twenty-one years. 

Sec. 21. That upon information, as provided in Section 20, it shall be to arrest u- 

lawful for any one of the County Commissioners to issue his warrant, di- nauper m chu- 

rected to any Sheriff or Constable, commanding him to bring any such J^'Ji" by War ' 

child before the Board at the first meeting thereafter; and the said 1S3T, yi, 432, 

\ 2. 
officers are hereby required to execute such warrant, and shall receive 

therefor the same compensation as for other arrests, to be paid by the 

County. 

Moneys due 

Sec. 22. That the moneys remaining due, on any recognizance given °"nee re &e S1 to 
for the maintenance of any illegitimate child, at the time such child shall l J? om 1 n ^ • t0 
be bound to service, shall be paid into the hands of the County Commis- ers - 
siouers for the benefit of such illegitimate child. ?2. ' ' '' 



OF PAt'PEP.S — OF STATE ORPHAN ASYLUM. 

Commission- g EC 93. That the County Commissioners shall be authorized to send 
era may semi •> » 

pauper luoa- a ]| pauper lunatics, idiots, and epileptics, in their several Counties, to the 

""• ' Lunatic Asylum. 

1-27, VI, 343, 
i 1: 1829, VI, 

3 *' : ' \ '' J - Sec. 24. When it shall happen that any passenger brought from 

Lame orim- anv other State or country by the master of any ship or vessel be inipo- 

sons brought tent, lame, or otherwise infirm, or likely to be a charge to the County, if 
mtothisState ' . . . 

must procure such person shall refuse to give security, or cannot procure sufficient 
surety that * ° x 

theywiii save surety or sureties to become bound for his saving the city or Countv from 

the County J . , , .= J . . ' 

from their such charge, in such case the master ot the ship or vessel m which such 
~17 38 III 491, person came shall be obliged and required to carry or send him or her 
* D ' out of this State again, within the space of three months next after their 

arrival, or otherwise to give security to indemnify and keep the city or 
County free from all charges for the relief and support of such impotent, 
lame, or infirm person, unless such person was before an inhabitant of 
this State, or that such impotence, lameness or other infirmity, befell or 
happened to him or her during the passage, and in such case they shall 
be relieved at the charge of the city or County. 



CHAPTER XXX. 
Of the State Orphan Asylum. 



Sec. 

5. To have authority to purchase or 
lease : proviso. 

6. To select employees and make rules 
ernorand confirmed by Senate; to for the government of Asylum ; may 
remain in office five years ; choose a 



Sec. 
1. Sli aw Orphan Asylum, in Charleston 

to he State Orphan Asylum. 
'2. Five Trustees to he appointed by Gov 



chairman and make rules. 
3. To establish Asylum on permanent 

foundation : authority in relation to 

endowments. 
1. May change location. 



bind out orphans ; orphans so bound 
out to be educated. 

7. No compensation allowed Trustees. 

8. Trustees to report, annually, to Gen- 

eral Assembly. 



Shaw Or- Section 1. That the support and maintenance of the Orphan Asylum in 
FobestfteOr. tne citv oi ' Charleston, known as the "Shaw Orphan Asylum," is hereby 
phan Asylum. assume ,i by the State, and it shall hereafter be known as the State < >r- 
phan Asylum of South Carolina, and shall be open to all orphan chil- 
dren in the State to the extent of its capacity. 

Five Trus- Sec. 2. For the purpose of carrying into effect the intention of this 
:|.'; Chapter, the Governor of the State is authorized, by and with the advice 

Governo r. aui ] consen t f the Senate, to appoint five Trustees, two al least of whom 

' "' shall be selected from outside the city of Charleston, whoshall be known 
as the Trustees of the State Orphan Asylum of South Carolina. Said 
Term of oi- Trustees shall remain in office four years, or until their rs are 

appointed, and shall have power to choose a chairman from their own 
number, and to make all necessary rules and by-laws for their own gov- 
ern men t. 



OF THE STATE ORPHAN ASYLUM. 207 



Sec. ■".. It shall be the duty of said Trustees, and they shall have the To establish 
J J Asylum on 

power, to take such steps as maybe necessary, and in their judgment «■ permanent 

expedient, to establish said Asylum on a permanent foundation. To this ibTJpsi 

end they are hereby authorized to receive, invest and control any moneys, 

real estate, or other property that may be given for the aid or endow- over^emiow^ 

rnent of said Asylum, subject to any regulations now or hereafter pro 

vided by the General Assembly. 



mulit. 



Sec. 4. If, in the opinion of said Trustees, the present location of the May change 

ition. 

ibT7n.~ 



Asylum can be changed for one better suited to the wants of said Asv- — ' 



lum, such change may be made. 

Sec. 5. The Trustees shall have, and are hereby invested with, authority t°. have a " - 

J J thovity to 

to purchase or lease, as they may determine, such buildings, grounds, and purchase or 
other property, including household furniture, as may be needed for said it,., j 5! 
Asylum; wdiich property they and their successors in office shall well 
and truly hold in trust for the benefit of the aforesaid Asylum, and for 
no other purpose: Provided, That they shall at no time enter into any 
contract, or incur any obligation, binding the State for the payment of 
any sum in excess of the amount appropriated for the support and main- 
tenance of said Asylum. 

Sec. 6. The Trustees shall have power to select and employ such per- To se i ec t em- 
sons as may be needed to care for the wants of the orphans gathered in rules 8 !'™ 8 * 8 
said Asylum. They shall also have the power to make all necessary it>..i7M6;isn., 
rules and regulations for the government of the Asylum, to do all other 
things that may lawfully be done for the promotion of its best interests, 
and for the welfare of its inmates, and to bind out orphan children resi- May bind 
dent therein: Provided, That said Trustees shall make it, in all cases, a ou orp 
condition that the children so bound shall receive a good common school orphans so 
education, and that said Trustees shall exercise a supervisory control educated! 
over such children during the continuance of their apprenticeship. 

Trustees to 

Sec. 7. Said Trustees shall receive no compensation for their services, have no pay. 

1869, XIV, 274, 
§S. 

Sec. 8. The Trustees shall, on or before the fourth Tuesda}' of No- 
vember in each year, report to the General Assembly, through the annually to 
Governor, a detailed statement of all their doings, including the expen- sembij 
diture of moneys, the number, age and sex of the children, the number Ib > 5 7 - 
of admissions and deaths during the year, the number of children who 
have left the Asylum, and the place to which they have gone, and such 
other information as it may be in their power to give. 



203 OF THE ESTATE OF DR. JOHN DE LA HOWE. 

CHAPTER XXXI. 

Of the Estate of Dr. John De La Howe. 

Sec. Sei 

1. Moneys belonging to De La Howe es- 6. Treasurer to give bond ; allowed coni- 



tate to be vested in Trustees: how- 
applied. 

■2. Trustees to be appointed by Legisla- 
ture every four years. 

3. Vacancies, how to be filled. 

4. Trustees declared a body corporate 

and politic ; x^roviso. 

5. Treasurer and Secretary to be elected. 



missions. 

7. Treasurer to make return annually to 

Judge of Probate. 

8. Board to keep record, and report to 

Legislature. 

9. May De removed by Court of Common 

Pleas of Abbeville County. 



Money, be- SECTION 1. That the moneys which have arisen, or may arise, from 

La iiowe Es- sales of the estate of Dr. John De La Howe, late of Abbeville, (the 

i in whole of which estate, real and personal, wheresoever and whatsoever, 

applied. 3 excepting a tract to contain fifteen hundred acres of land, to be re- 

'i 14 .? 1 - served for the school, including the spot and improvements upon the 

plantation called Lethe, whereon the testator died, the trustees of said 

estate herein provided for are authorized to sell and convey,) and all 

other moneys belonging to, and to be collected for, the said estate, shall 

be vested ih the said Trustees, to be applied and appropriated according 

to the trust and terms of the will of said Dr. John De La Howe. 

Trustees to Sec. 2. That a new Board of Trustees shall be appointed by Joint 
in- aP Le£dsia- Resolution of both branches of the Legislature, at the session of the 
four years. eiy Legislature in eighteen hundred and seventy-three, and so, after the expi- 

18585, vin, 3i7, ration of everv four years succeeding, to continue for four years from the 

\ is; 1829, VI, ii 

39B, 1 2. first Monday in April next after the appointment. 

Sec 3. That in case of refusal to accept, death, resignation, re- 
how filled, moval from the County, or removal from the trust, of any of the 
i829,vi,396,§3. T rustees f the said estate, or any of their successors, it shall be the 
duty of the delegation from Abbeville, for the time being, or a majority* 
of the said delegation, to appoint a suitable person, a citizen of Abbe- 
ville County, to fill the vacancy till another appointment be made; and 
at the next session of the Legislature another appoii by Joint 

Resolution shall be made, to continne until a new Board shall be ap- 
pointed, as hereinbefore provided. 

Trustees in- Sec 4. The Board of Trustees, and their successors, are incorporated 
' _- t as a body corporate and politic, in deed and in law, by the name 
viff/JiV; 3 i. ' of " The Trustees of the Estate of Dr. John De La Eowe," and 
may sue and be sued, implead and be impleaded, and make rules 
and regulations for their government, not repuguaut to the laws of 
the land, such as a majority of them shall approve: Provided, That 
such corporation may, at any time, be dissolved or controlled by 
the Legislature; and that annual payment of interest on all moneys due, 
or tn become due, to the said Board, shall be required to be punctually 
made; and thai no member of the Board, during his continuance in 
office, shall he, directly or indirectly, a borrower of any part of the funds 
of the said estate, or security for any person. 



lb. 



OF THE ESTATE OF DR. JOHN DE LA HOWE. 209 

Sec. •">. That it shall lie the duty of said Trustees, and their successors, anfl secretary 
to elect sonic person, not a member of their Board, who shall perform to be elected. 
the duties of their treasurer and secretary, in such manner as they shall vi,397,g'6. " ' 
prescribe, and hold his office at their pleasure. 

Sec. 6. Such treasurer shall give a bond, payable to the Trustees, by _ 

o > l j > j Treasurer to 

their corporate name, in a sum equal to bind the amount of the funds of give bond; ai- 
, . lowed com- 

the estate, with such security as the Trustees shall approve ; and the said misaio 

treasurer shall be entitled to receive from the said estate such compensa- 
tion for his services as is allowed to executors and administrators : Pro- 
vided, That in his commissions no charge shall be made for receiving 
from his predecessor or paying to his successor. 

Sec. 7. That it shall be the dutv of the treasurer to make an annual , To make re- 
turn annually 
return, on oath, of the receipts and expenditures of the said estate, to 'i\^JY. 

the Judge of Probate of Abbeville County, which, before it is presented 

to the Judge of Probate, shall be inspected and approved by the Board, 

a copy of which return it shall be the duty of the Judge of Probate to 

transmit to the succeeding Legislature. 

Sec. 8. It shall moreover be the duty of the Board to cause to be kept Board to beep 
a regular record of all their proceedings, and annually to transmit to the port to'Legis- 

General Assembly a faithful transcript from the said record, for the year — jg — : 

preceding, accompanied by a copy of the last return made by them to 
the Judge of Probate, and by an exhibit showing the precise situation of 
the estate on the first Monday in February and the first Monday in No- 
vember, next preceding. 

Sec. 9. That the Court of Common Pleas for Abbeville County 
sliall have power, for default in relation to the returns required by m oveci y 
this Chapter, or any other sufficient cause appearing to the Judge, Ib -i § 5 - 
to remove any one or more of the Trustees, or any of their succes- 
sors, from the trust committed to them; and it shall be the duty 
of the Judge of Probate, or the members of the delegation of Abbeville 
County, according as the default may be in relation to a return to the 
Judge of Probate or in a return to the General Assembly, having given 
previous notice to the Trustees, to report to the Court at its next Term any 
default which may occur in relation to any of the returns aforesaid ; and 
upon such report, or other sufficient cause, laid before him, the Solicitor 
attending the said Court shall proceed to procure the removal of the 
Trustee or Trustees complained of. 



27 



210 OF PHYSICIANS AXD APOTHECARIES. 

TITLE IX. 

01 THE PUBLIC HEALTH. 



Chapter XXXII. Of Physicians and Apo'hecaries. 

XXXIII. Of Quarantine. 

XXXIV. Of Asiatic Cholera. 



CHAPTER XXXII. 
Of Physicians and Apothecaries. 

Sec. I Sec. 

1. Qualifications of physicians ; proviso. charge *5 for each examination, and 

2. Unqualified~praetitibners not entitled *5 for inch license, 
to compensation ; not applicable to 6. Compensation for post mortem exatu in- 



dentists or midlives. 

3. Qualified practitioners mar sue for 

and collect their fees. 

4. Apothecaries must obtain license of 

Mate Medical College. 

5. Trustees and Faculfy to examine ap- 

plicants for apothecaries' licenses; 
to issue to those qualified ; may 



ations made under direction of Coro- 
ners; to report to Legislature in 
cases where chemical analyses are 
made. 
Accounts for post mortem examinations 
to have Coroner's certificate at- 
tached. 



Qualifications Section 1. That it shall be unlawful for any person within the limits 
ofpnysicians. f jjjj s gt. a te, wn0 nas no t attended twD full courses of instruction, and 
graduated at some school of medicine, either in the United States or 
some foreign country, or who cannot produce a certificate of qualifica- 
tion from some State medical society, and is not a person of good moral 
character, to practice medicine, or prescribe medicine or medicines, for 
Prov i so. reward or compensation, for any sick person within this State: Pro 
s uiiu, vi.csl That, in all cases, when any person has been continuously engaged in 
the practice of medicine for a period of ten years or more, and can pro- 
duce a certificate to that effect, either from some physician of good 
standing or from three citizens, one of whom shall be qualified to ad- 
minister an oath according to the laws of the State, he shall be consid- 
ered to have complied with the provisions of this Chapter. 

practitioners Sec 2. In no case wherein the provisions of this Chapter shall have 
dentists P an!i ^ > ® en v >°l ate d sna ll an y person so violating receive a compensation for 
c, n it".i ves ex " services rendered : P That nothing herein contained shall in any 

Is69 \i\: :, _'. way be construed to apply to any person practicing dentistry, or females 

•2 Uill, 114; 12 ... ., .. 

Rich., 1--.I. practicing midwifery. 

(hi |] 

i!,Tv ^m'''''for ^ EC - **■ ^ uat a ^ persons no.w practicing, or who may hi 

. collect tice medicine or surgery as herein provided, shall lie entitled to charge, 
1 i -, i; sue for, and collect, for their sflrvices, in the same manner as the gradu- 
9RiciY.', 273." ates of the Medical College of South Carolina. 



ne 



OF rHYSICIANS, 4C. — OF QUARANTINE. 211 

Sec. 4. That no apothecary within this State shall be permitted to vend ^£ lie< SJJS! 
or expose to sale any drugs or medicines without previously obtaining > icens ?, . ,. °, f 

r ° a. j a state Medical 

a license to do so from the Trustees and Faculty of the Medical College Colle ge. 

of the State of South Carolina. \ X [•" ^ '■•. 

Sec. 5. That the said Trustees and Faculty of the Medical College of 5™^*$!?,. 
the State of South Carolina shall have the power to examine any apoth- applicants for 

1 j r apothecaries' 

ecary who may apply to them for a license, touching his knowledge of license, &c. 

, ,. ,■/. Feesfor ex- 

drugs and pharmacy, and on finding such person qualified, shall grant animation 
01 and license, 

such license, and shall receive therefor the sum of five dollars for each isn, vi. 4--. ^ 

and every examination, and the sum of five dollars for every license. iv^'-.i' 33 ' % ' 

Sec. 6. Thatthefollowiiigcornpensationshallbeallowedtoauyphvsician compensa- 
who mav be called in by the County Coroner or acting Coroner to make mortem eiam- 

.. .„ . , „ . inations 

^postmortem examination, and testifying thereof as an expert, to wit : made nnder 

i,i iip • 1 " 1 n 1 n 1 direction of 

\\ here death has resulted iroru violence, tne sum ot ten dollars ; when coroners, 
any chemical analysis is required, a sum not exceeding fifty dollars, county com- 
together with the expenses of such analysis ; and that in every case in cases where 
which a physician shall be called to any distance beyond one mile, he aiyses ' are 
shall be allowed five cents per mile for travel : Provided, That in all cases chap 8 ' xix.f 6 
in which chemical analysis shall be made, the physician who shall make i-v.xii.u-. 
the post mortem examination shall furnish to the County Commissioners, - 
with his account, a full statement of such analysis. 

Sec. 7. Every account presented for service for any post mortcni ex- £$ • ^.^J 
animation shall have the certificate of the Coroner, or Trial Justice act- examinations 

' to have Coro- 

ine as Coroner, that the services were rendered. m 'i"s eertifi- 

3 cate attached. 

l-.i,XII,129,21. 



CHAPTER XXXIII. 
Of Quarantine. 

Sec. ' Sec. 

1. Quarantine hospital or lazaretto on 10. Vessels arriving at quarantine may re- 
Morris Island. turn to sea. 

■2 Station of Health Officer in Charleston 11. Pilots to ascertain whether in-coming 

Harbor. vessels are subject to examination. 

3. Vessels to anchor at anchorage ground 12. To notify vessels so subject to proceed 

and remain, subject to regulations. to quarantine anchorage. 

Hilton Head Quarantine to include 13. Duties of pilots in relation to vessels 

Beaufort. under their charge, and subject to 

1. Vessels subject to quarantine. quarantine. 

5. Vessels at quarantine on first of No- ' 14. Health Officer to board vessels, aseer- 

veuiber. tain their condition, and report to 

6. Infected and foreign vessels arriving municipal authorities, 
after first of November to be subject 15. To reside near quarantine ground; 



to such quarantine as Health Officer 
prescribes. Passengers to be vacci- 
nated. 

7. Vessels at wharves, with passengers 
and cargo, may be ordered to quar- 
antine ground. 

-. Vessels bound North, after examina- 
tion, may pass on theirvovage. 

9 Vessels released from quarantine to de- 
liy er permit to city authorities. 



powers. 

If). May cause arrest of persons eloping 
from quarantine; such elopement a 
misdemeanor. 

17. Quarantined vessels distinguished. 

IS. Boats . not to pass through range of 
quarantined vessels or laud at quar- 
antine ground. 

19. Lighters not to unload quarantined 
vessels. 



22. Appeal lies from Health Officer to 

Board of Appeal. 

23, Appeal, how made and prosecuted, 

H. Hi alih Officer may enforce orders ; ex. 
pense i d on vesse' 



212 OF QUARANTINE. 

Sec. 

20. r to be maintained by master but apilot to come on board until ex- 

of vessel during quarantine. amined; not to approach nearer than 

21. Criminal pass nay be confi quarantine. 

on -non-; expense of maintenance 31. Penalty for violating this Chapter or 
(luring quarantine to be defrayed by disobeying Health Officer 

vessel. 32. Hea th ; pointed by Gov- 

ern oi fl office for twoyears; 

to keep r< report to do 

nor. 
33. Salary and allowance for incidental ex- 
penses 
fsdemeanor to violate quarantine 34. "Health Officer" to mean Health Offi- 
regnlations. cer or Deputies j Deputies to be phy- 

.''; Governor may declare places infected. sicia - 

27. Duration- of pestilence. 35. Penalty on pilot or other person for 

j^. V< st>els Hum infected places to be sub- violating the law. 

ject to' quarantine. Quarantine officers may employ force. 

20. y gleeting or refusing to obey :;7. May tire upon vessel violating the law. 

certain regulations to be guilty of 38. Boats, &c, to be provided at the ex- 
misdemeanor pense of the State. 

30. To give correct information to pilot- ; 39. Fines and forfeitures, how recovered, 
not to unload or permit any person 

Quarantine Section 1. That the Governor of the State and the Health Officer of 

hospital or 

lazaretto on the port of Charleston are authorized to establish, at some point on Mor- 

Morns Isl- l ■. . 

and. ris Island, to be by them selected, a quarantine hospital or lazarett 

"" gether with the necessary buildings for the accommodation of a keeper, 
nurses, and other attendants. 

station of Sec. 2. The station of the Health Officer, or his deputies, shall be at 
Health Officer ' f 

in Charleston a suitable point on .Sullivan's Island, or at Fort Johnson, as may be 

~~ i ibT7§T thought best for the expeditious boarding and examination of vi ss Is 

arriving from all ports into the harbor of Charleston ; the location of 
said station to be determined upon by the Health Officer, with the 
approval of the Governor; and the necessary buildings shall be erected 
for the accommodation of the Health Officer and his deputies. 

vessels to an- ^EC. ^- The anchorage ground for vessels at quarantine at the ports of 
cl *chorl "i""" ( ' e org e to\vn, Charleston and Hilton Head shall be where it has hereto- 
ground, and f or e l,een, and shall be designated by buoys, to be anchored under the 
ject to regu- direction of the Health Officers; and every vessel subject to quarantine 

lations. _ _ . . 

Hilton Head shall, immediately on her arrival, anchor within them, and there remain, 

quarantine . ' . . ' . . ' 

to include with all persons arriving on her, sutnect to the examination and regula- 

Beaufort. 1 ° ' . ° 

i- -. xiv, iiT tious imposed by law. For the purposes of quarantine, the port at Hil- 
' L ton Head shall be held to include the port of Beaufort. 

vassals sub- Sec. 4. Vessels arriving at the ports of Georgetown, Charleston and 
untine. ' ; * Hilton Head shall lie subject to quarantine, as follows : 



lb., ! 



1. All vessels from anyplace where pestilential, contagi us 01 infec- 
tious disease existed at the time of their departure, or which shall have 
arrived :'i such place mid proceeded thence to either of said port-. . t 
on board of which, during the voyage, any case ijf such disease shall 
have occurred; arriving between tin' first day of May ami the firsl day of 
November, shall remain at quarantine for at least thirty days after their 
arrival, and at least twenty days after their cargo shall have been 
charged, and shall perform such further quarantine as the Health 
Officers may prescribe. 



OF QUAKANTIKE. 213 

2. All vessels from any place (including islands) in Asia, Africa or the 
Mediterranean, or from any of the West Indies) Bahama, Bermuda or 
Western Islands, or from any place in America, in the ordinary passage 
from which they pass South of Hilton Head; and all vessels on board 
of which, during the voyage, or while at the port of their departure, any 
person shall have been sick, arriving between the first day of May and 
the first day of November, and all vessels from a foreign port, and not 
embraced in the first sub-division of this Section, shall, on arrival at the 
quarantine ground, be subject to visitation by the Health Officers, but 
shall not be detained beyond the time requisite for due examination aud 
observation, unless they shall have had on board, during the voyage, 
some ease of infectious, contagious, or pestilential disease, in which case 
they shall be subject to such quarantine and regulations as the Health 
Officers may prescribe. 

3. All vessels embraced in the foregoing provisions, which are navi- 
gated by steam, shall be subject only to such length of quarantine and 
regulations as the Health Officer shall enjoin, unless they shall have had 
on board, during the voyage, some case of infectious, contagious, or pesti- 
lential disease, in which case they shall be subject to such quarantine 
as the Health Officer shall prescribe. 

Sec. 5. All vessels and persons remaining at quarantine on the first vessels 
day of November, shall thereafter be subject to such quarantine oii'm'st of' "no- 
and restrictions as vessels and persons arriving on and after that day. 



\ ember 



lb., 113, §3. 



Sec. 6. All vessels arriving on and after the first day of November, InfPC . tea aml 
having had, during the voyage, a case of small-pox, cholera, or typhus, f ei ei %T r - ^' e e 
or infectious, or contagious disease, aud every vessel from a foreign port i 11 '' 1 ' ?tst of 

° ' J _ to l November to 

having passengers, and not hereinbefore declared subject to quarantine, hti subject to 

... . , such quaran- 

shall, on her arrival, be anchored at quarantine ground, and be visited tine as Health 

by the Health Officer, or his deputies, but shall not be detained be- scribes. 

i • • n i • • i i i n Passengers to 

yond the time requisite for due examination, unless she shall have had be vaccinated 
on board during the voyage some case of small-pox, typhus, or other in- A 869 ' xn ' 2l0 ' 
fectious or contagious disease, in which case she shall be subject to 
such quarantine as the Health Officer or his deputies shall prescribe. 
And it shall be the duty of the Health Officer or his deputies, when- 
ever necessary for the public health, to cause the persons on board of 
any vessel to be vaccinated. 

Sec. 7. The Health Officers, Iuteiidant and Wardens, or the Mayor Vessels it 
and Aldermen, as the case may be, whenever, in their judgment, the passengers 
public health shall require, may order any vessel at the wharves of may be offi 
either of said ports, or in their vicinity, to the quarantine ground or tine ground!*' 
other place of safety, and may require all persons, articles or things in- 'JSSSjXIV, 113, 
traduced into said ports from such vessels to be seized, returned on 
board, or removed to the quarantine ground or other place. If the 
master, owner or consignee of the vessel cannot be found, or shall refuse 
or neglect to obey the order of removal, the Health Officer, Intendant 
and Wardens, or Mayor and Aldermen, as the case may be, shall have 



214 OF QUARANTINE. 

power to cause such removal, at the expense of such master, owner or 
consignee, and such vessel or person shall not return to the port with- 
out the written permission of the Health Officer. 

vessels bound Sec. 8. If any vessel arriving at the quarantine ground, subject to 
• passion their quarantine, shall be bound to some port North of either of said ports, 

voyage. t j ie JJealtli Officer, after having duly visited and examined her, may 

permit her to pass on her voyage, but no such vessel shall be brought 
to anchor off of either of said ports, nor shall any of her crew or pas- 
sengers land in or hold any communication with either of said ports, or 
any person therefrom. 

s v ? ss t el9 T e " ^ EC " ^" ^ ne mas t er 0I> every vessel released from quarantine and ar- 
liver p e rmit, riving at a wharf in either of said ports shall, within twenty-four hours 
after such release, deliver the permit of the Health Officer at the office 
of the Mayor or Intendant, as the case may be. 

Vessels ill'l'iv- 

ing may re- . Sec. 10. Nothing in this Chapter shall prevent any vessel arriving at 
ft, > 7 — '■ — quarantine from again going to sea before breaking bulk. 

Pilots to as- Sec. 11. It shall be the duty of each pilot belonging to either of the 

■whether in- said ports to use his utmost endeavors to hail every vessel he shall dis- 
cerning ves- . . . . , , . 

seis are sub- cover entering the port, and to interrogate the master of such vessel in 
nation. ' reference to all matters necessary to enable such pilot to determine 
Ib.,j8. whether, according to the provisions of the preceding Sections, such ves- 

sel is subject to quarantine or examination by the Health Officer. 

To notify ves- Sec. 12. If, from the answers obtained to such inquiries, it shall ap- 
sels sosiiliject , , .... . . . , , _ , , 

to proceed to pear that such vessel is subject to quarantine or examination by the Health 

anchorage. Officer, according to the preceding Sections, the pilot shall immediately 
Ib-i i 9- give notice to the master of the vessel that he, his' vessel, his cargo, crew 

and Mtssengers, are subject to such examination, and that he must pro- 
ceed and anchor said vessel at the quarantine anchorage, there to await 
the further directions of the Health Officer. 

Duties of hi- Sec. 13 It shall be the duty of every pilot, who shall conduct into 
lots in rela- . . . , „ , , .__ 

tion to ves- port a vessel subject to quarantine or examination by the Health Ofh- 

Bels unilcr 

their charge cer : 

and subject to 

quarantine.' j_ -p brine such vessel to anchor within the buoys marking the quar- 

II..,; -in. ° J . 1 

amine anchorage. 

2. To prevent any vessel or boat from coming alongside of the vessel 
under his charge, and to prevent anything on board from being trans- 
ferred to or thrown into any other vessel or boat. 

'■). To present to the master of the vessel a printed copy of this Chapter, 
when such copy shall have been delivered to him for that purpose. 

4. To take care that do violations of this Chapter be committed by any 

person, and to report such as shall be committed, as soon as nitty be, to 
the Health Officer. 



OF QUARANTINE. 215 

5. To subject himself to such detention and delay, and cleansing and 
purification, as to his person and clothing, as shall be prescribed by the 
Health Officer after having boarded or brought to the quarantine ground 
any vessel subject to quarantine. 

Sec. 14. It shall be the duty of the Health Officer to board every ves- Health officer 

... . ....... . . . , " . to board ves- 

sel sub ect to quarantine or visitation by nun immediately on her arri- seis, ascertain 

it • i ■ i i t i » ii condition, 

val, between sunrise and sunset; to inquire as to the health ot all per- and report to 
sons on board, and the condition of the vessel and cargo, by inspection thorities. 
of the bill of health, manifest, log-book, or otherwise; to examine, on n>.,iM, j n. 
oath, as many and such persons on board as he may judge expedient to 
enable him to determine the period of quarantine and the regulations to 
which such vessel shall be made subject, and report the facts and his 
conclusions, and especially to report the number of persons sick, and the 
nature of the disease with which they are afflicted, to the Mayor or Iu- 
tendant, in writing. 



Sec. 15. It shall be the duty of the Health Officer to reside within or to reside 
near the quarantine ground, and he shall have power: "ine" grounds" 

1. To remove from the quarantine anchorage ground any vessel he Ib ; 12 : 

may deem dangerous to the public healm, to any place south or east of 

the quarantine ground inside the bar. 

2. To cause any vessel under quarantine, when he shall judge it neces- 
sary for the purification of the vessel or her cargo, passengers, or crew, 
or either of them, to discharge or laud the same at the quarantine 
ground. 

3. To cause any such vessel or cargo, bedding, and the clothing of 
persons on board, to be ventilated, cleansed and purified in such man- 
ner, and during such time as he shall direct, and if he shall judge neces- 
sary to prevent infection or contagion, to destroy any portion of sjich 
bedding or clothing ; and, with the concurrence of the Mayor or Inten- 
dant, any portion of such cargo which may be deemed incapable of pu- 
rification. 

4. To prohibit and prevent all persons aniving in vessels subject to 
quarantine from leaving quarantine, or removing their goods or baggage 
therefrom, until fifteen days after the last case of pestilential, contagious 
or infectious disease shall have occurred on board, and ten days after her 
arrival at quarantine, unless sooner discharged by him. 

5. To permit the cargo of any vessel under quarantine, or any portion 
thereof, when he shall judge the same free from infection and contagion, 
to be conveyed to the landing. 

6. To cause all persons under quarantine to be vaccinated, when ne 
deems it necessary for the preservation of the public health. 

7. To administer oaths and take affidavits in all examinations pre- 
scribed by this Chapter, and in relation to any alleged violation of quar- 
antine law or regulation ; such oath to have the like validity and effect 
as oaths administered by a Trial Justice. 



216 OF QUARANTINE. 

May cause ar- £ EC 1(3 The Health' Officer mav direct in writing any Sheriff, Consta- 
sons eloping ]->] e> or other citizen, to pursue and apprehend any person, not discharged, 
tine; Sucii who shall elope from quarantine* or who shall violate any "quarantine 

elopement a , 

peanor law or regulation, or tfflio shall obstruct the Health Officer in the perform- 
ance of his duty, and to deliver him to said officer to be detained at 
quarantine until discharged by said officer, but such confinement shall in 
no case exceed ten days. It shall be the duty of the Sheriff, Constable 
or other citizen, so directed, to obey such direction : and every such per- 
son so eloping, or violating quarantine law or regulations, or obstructing 
the Health Office]', shall be considered guilty of a misdemeanor, punisha- 
ble with fine and imprisonment, in the discretion of the Court. 

■; distin- Sec. 17. Every vessel during her quarantine shall be designated by 
— rg— jjj colors to be fixed in a conspicuous part of her main shrouds. 

Boats not to g EC . i§. No vessel or boat shall pass through the range of vessels 
pass through l b a 

ra nge of, Ac. lying at- quarantine, or laud at the quarantine grounds, without the per- 
mission of the Health Officer. 

Lighter? not Sec. 19. Xo lighter shall be employed to load or unload vessels at 

to unload . . f ■' 

mined quarantine without permission of the Health Officer, and subject to such 
"ioTTIs! restrictions and regulations as he shall impose. 

Passengers Sec. 20. All persons being on board of vessels under quarantine shall 
: by be provided for by the master of the vessel in which the}- shall have ar- 
luring rived; and if the master shall omit or refuse to provide for them, or tl>ey 
~ib 1 it — ~ s ' ia H have been sent on shore by the Health Officer, they shall he main- 
tained at the expense of such vessel, her owners, consignees, and each 
and every one of them : and the Health Officer shall not permit such 
vessel to leave quarantine until such expeii-es shall have been repaid or 
secured ; and the said Health Officer shall have an action against such 
%• ssel, her owners and consignees, and each and every one of them, for 
such expeuses, which shall be a lien on such vessel, and as, such may he 
enforced as other liens on vessels. 

criminal pas- * E< 21. The Health Officer, upon the application of the master of 
-s e l under quarantine, may confine in any suitable place on shore 
£ any person on hoard of such vessel charged with having committed an 
';': offence punishable by the laws of this State or the United States. 
*'"''• _ and who cannot be secured on board of such vessel; and such confine- 

ment may continue during the quarantine of such person, or until he 
Bhall be proceeded against in due course of law; and the expense thereof 
-hall be charged ami collected as in the last preceding Section. 

Appeal lies ^'-' ■ --■ -^". v l ier?on aggrieved by any decision, order or direction of 

lithe Health Officer, may appeal therefrom to the Governor, Attorney 

Board or .\p- General and Comptroller General, who shall constitute a Board of Ap- 

ib, " peal: the said Board shall have power to affirm, reverse, or modify the 

'h cision, order, or direction appealed from, and the decision of the Board 

thereon shall he final. 



OF QUARANTINE. 217 

Sec. - : ?. An appeal to (lie Board of Appeal must be made by serving an^prosecu^ 

upon the Health Officer a written notice of such appeal, within twelve ^'li 

hour?: after (Sundays excepted the appellant receives notice of the order, 

decision or direction complained of. Within twelve hours after the 
Health Officer receives such notice (Sundays excepted) he shall make a 
return, in writing, including the facts on which his order, decision or 
direction was founded, to the Governor, who shall immediately call a 
meeting of the Board of Appeal, and shall be President of said Board; 
and said appeal shall be heard and decided within twenty-four hours 
thereafter (Sundays excepted); and until such decision is made, the order, 
decision or direction complained of, except it refer to the detention of a 
vessel, her cargo or passengers at quarantine, shall be suspended. 

Sec. 24. Whenever the said Health Officer, in the performance of the Heaitu officer 
duties and in the execution of the powers imposed and conferred upon S§iois? nfi ea> 
him by law, shall order or direct the master, owner or consignee of any Ken^Don^e* 

vessel under quarantine to remove such vessel from her anchorage, or to ??L 

(hi any act or thing, or comply with any regulation relative to said ves- '' " 

sel, or to any person or thing on board thereof, or which shall have been 
brought to said ports therein, and said master, owner, or consignee shall 
neglect or refuse to comply with such order or direction, the said Health 
Officer shall have power to employ such persons and assistants as may be 
necessary to carry out and enforce such order or direction, and the per- 
sons so employed shall have a lien on such vessel, her tackle, apparel and 
furniture, for their services and expenses. 

Sec. 2~>. Every person who shall oppose or obstruct the Health Officers Misdemean- 
in performing the duties required of them by law, and every person who , quarantine 
shall go on board, or have any communication, intercourse or dealing Te f a B ^^ >a ' 
with an}' vessel under quarantine, or with any of her crew or passengers, 
without the permission of the Health Officer, or who shall, without such 
permission, invade the quarantine grounds or anchorage, shall be guilty 
of a misdemeanor, and shall be punished by a fine of not less than oue 
hundred nor more than five hundred dollars, or by imprisonment not less 
than three, nor more than six mouths in the Penitentiary. 

Sec. 26. The Governor may issue his proclamation declaring any Governor 
place where there shall be reason to believe a pestilential, contagious or places 'in- 
infectious disease exists or may exist, to be an infected place, within the ec .. ' ; — 
meaning of this Chapter. 

Sec. 27. Such proclamation shall fix the period when it shall cease to Duration of 
have effect; but such period, if he shall judge the public health require pes , b e ° ', — 
it, may from time to lime be extended, and notice of the same shall be 
published in all the newspapers of said port. 

Sec. 28. After such proclamation shall have been issued, all vessels Vesseisfrom 

. . infected 

arriving in either of the said ports from such infected place shall be sub- places to be 
, • , , ■ • / ii, subject to 

jeet to the same quarantine laws and regulations as the vessels embraced quar antine. 

in the fiist sub-division of the second Section of this Chapter, and shall, ' ' "'' 



218 OF QUARANTINE. 

together with their officers, crews, passengers and cargoes, be subject to 
all the provisions, regulations and penalties of this Chapter, in relation 
to vessels subject to quarantine; but such quarantine shall not extend 
beyond the period when such proclamation shall cease to have effect, as 
provided by the last preceding Section. 

Mastersneg- Sec. 29. Every master of a vessel subject to quarantine or visitation 
led mg or re- * J 1 

fusing to obey of the Health Officer, arriving in either of the said ports, who shall re- 

cci lam rcgu- ° L 

lations to be fuse or nea'lect either — 
guilty oi mis- 
demeanor. 1_ T proceed with ami anchor his vessel at the place assigned for 

" quarantine at the time of his arrival ; 

2. To submit his vessel, cargo and passengers to the examination of the 
Health Officer, and to furnish all necessary information to enable that 
officer to determine to what length of quarantine and other regulations 
they ought, respectively, to be subject; or, 

3. To remain with his vessel at quarantine during the period assigned 
for the quarantine, and while at quarantine to comply with the direc- 
tions and regulations prescribed by law, shall be guilty of a misde- 
meanor, and lie punished by fine not exceeding two thousand dollars, or 
by imprisonment not exceeding twelve months, or by both such line and 
imprisonment. 

To give cor- Sec. 30. Every master of a vessel hailed by a pilot, who shall either : 

reel informa- .. ~. ., , . p . , ., , , ,. . ,. , • 

lion to pilots; 1. Give false information to such pilot, relative to the condition ot his 

not to unload . piiiiaii i i> 

or permit any vessel, crew or passengers, or of the health of the place or places from 
'(■nun- on whence he came, or refuse to give such information as shall be lawfully 

board ; not to . -. 

approach required ; 

nearer than 

quarantine. 2. Or land any person from his vessel, or permit any person, except a 

Ib.fU7, .?.. pjiy^ t come n board of his vessel, or unlade or tranship any portion 

of his cargo, before his vessel shall have been visited and examined by 

the Health Officer ; 

3. Or shall approach with his vessel nearer to the wharves in said 

ports than the place of quarantine to which they may be directed, shall 

be guilty of the like offence, and subject to the like punishment; ami 

any person who shall land from any vessel, or unlade or tranship any 

portjon of her cargo, under like circumstances, shall be guiltyof a like 

offence, and subject to the like punishment. 

,, , Sec. 31. Any person who shall violate any provision of this Chapter, 
Penalty for ■> * • L L _ ' 

violation or or neglect or refuse to comply with the directions and regulations which 

ilos chapter, ° ' J '. 

&c. any of the Health Officers may prescribe, shall be guilty ol the like 

offence, and be subject, for each offence, to the like punishment. 

Health om- Sec. 32. There shall be one Health Officer at the port of Georgetown, 
painted' "by one al Charleston, and one at Hilton Head, respectively, who shall be 
termor office ; appointed by the Governor, and who shall hold their offices lor the term 
."' '.',',!. re " of two years, unl ooner removed. Said officers shall keep a faithful 
"■. '-'■'• record of all their doings under the provisions of this Chapter, and re- 
port the same to the Governor al the end of each month. 



OF QUARANTINE. 219 

Sec. 33. Said Health Officers shall each receive an annual salary of salary; inci- 

•J dental ex. 

twelve hundred dollars, except the Health Officer at the port of Charles- penaes. 
ton, who shall receive an annual salary of iit'teen hundred dollars, pay- 
able quarterly, out of the Treasury of the State; and '.hey each shall be 
a 1 lowed an additional sum of fifteeu dollar^ pi r month, for boa! hire and 
oth( r incidental expenses. 

Sec. 34. That wherever the words "Health Officer" occur in this "Healthoffi. 

cer" to in- 
Chapter, thev shall be understood to mean the Health Officer or his elude "gepu- 

, . . . 'ties ;" dt im- 

deputies: Provided, That said deputies shall, in all cases, be graduates tiesto be phy- 

i i - sici&ns. 

ot a regular medical school. 1S i; : i xiv 210 



Sec. 35. Every pilot or other person who shall bring, or attempt to penalty on 
bring, or cause to he brought, into any port of this State, any vessel, or pereonforvio^ 
the whole or any part of the crew, passengers or cargo beyond the places '^'"Sth e law 
appointed for her examination, w ithout such vessel being examined accord- § 2; iso9, V, ma) 

J6 2* 1SJ° VI 

ing to law, shall forfeit and pay, the one-half to the use of the State, and its' ; s.' "' 
the other half to the use of such person as shall sue for the same, the 
sum of five hundred dollars ; and the pilot shall, moreover, be deprived 
of his branch as a pilot: Provided, That nothing herein contained shall 
extend to persons who may be shipwrecked. 

Sec. 36. The officer or officers who may be entrusted with the execu- offieera^may 

tion of the quarantine laws are authorized and directed, in case of a vio- ?J£P_°* <""-•■■ 
. . . 1809| v, 598, 1 

lation, or attempt to violate, any of the said laws, to board, by force of 

arms, any vessel used in such violation, or attempt to violate, and to de- 
tain her and her crew and passengers. 

Sec. 37. Any vessel which shall be restrained under quarantine laws, May fire upon 

VGSSCl Y i< il '1' - 

and shall attempt to violate the same, may be fired upon, aud detained imiih.- law'. 
by force of arms. vi'^V; W® 2 ' 

Sec. 38. When the Governor may deem it necessary, he shall, at the Boats &c to 

expense of the State, hire and employ boats and small craft, and a suffi- De provided: 
1 ' l at expense o| 

cient number of aide men, well armed, to be stationed wherever he may State. 

think fit, and to act und< r his directions, in order to enforce obedience to ' 

the laws of this State requiring the performance of quarantine ; and, 
also, to arm such men, if requisite, with any firearms belonging to this 
State. 

Sec. 39. All fines and forfeitures and penalties provided by the Fines and 
laws of the State for the violation of the quarantine laws, or disobedience how reeov- 
of the orders of the Governor establishing quarantine regulations, shall 183i ' v i 473 35 
be recovered by indictment in the Court of Sessions ; and all persons 
offending against the same, upon conviction, shall be liable to imprison- 
ment not exceeding twelve months, in addition to such fines, forfeitures 
and penalties. 



220 



ASIATIC CHOLERA — STATE SUPERINTENDENT OF EDUCATION. 



CHAPTER XXXIV. 
Of Asiatic Choleba. 

Sec. 1. Governor to make regulations to suppress. 

Governor to Section 1. That full power and authority is given to the Governor 

suppress.^ of this State, by his Proclamation, to make such regulations as, in his 
it«;s, xiii, 307. .. ' / . ° . . 

opinion, may be necessary in order to prevent the entrance of Asiatic 

Cholera into this State, and to prevent the spreadiug of such disease in 

this State. 



TITLE X. 

OT PUBLIC INSTEUCTION. 



Chapter XXXV. Of the SMe Superintendent of Education. 
XXXVI. Of the State Board -f Education. 
XXXVII. Of Ted Booh. 
XXXVIII. Of County School Commissioners and Boards 
Examiners. 
XXXIX. Of School Districts and Trustees. 
XL. Of the Normal School. 
XLI. Of the Agricultural College. 
XLII. Of the University of South Carolina. 
XLIII. Of the Deaf and Dumb and the Blind. 



of 



CHAPTER XXXV. 



Of the State Superintendent of Education. 



Sac. 
1. Election. Term of office. 
'J. To give bond in $5,000, and subscribe 
oath of office. Bond lobe filed with 
Secretary of State. 
8. Pay and allowances. 
1. Duties in general. 

5. To secure uniformity in text books and 

forbid sectarian or rJartisan books 
Or instruction. 

6. To furnish blanks, &e.; to have school 

laws, rules, &o., printed and trans- 
mit to Commissioners I'm- distribu- 
tion. 

7. To collect books ; annual appropriation 

to purchase educational works. 



Sec 

S. To apportion school fund annually. 
y. To report to General Assembly at each 
regular session; what to con I a in. 

10. To make statement, in report, of of- 
ficial visits. 

It. To discharge other duties provided by 
law ; to deliver all books, Ac, to suc- 
cessor. 

12. To examine teachers ; issue certificates 
of qualification; nature of certifi- 
cate; for how Long valid. 

1;;. In case of vacancy, Governor to ap- 
point. 

li. Appropriation for Clerk hire; proviso. 



Election. Section 1. At the general election in 1872, and ivory four years 
T is7i"x!v"'r-, llu;reaftei '> :l K t ate Superintendent of Education shall be elected, in the 
i ti- same manner as other State officers, who shall enter upon the duties of 

his office mi the first day of January succeeding his Selection, and con- 
tinue in oilier till his successor is elected ami qualified. 



Par and al- 



OF STATE SUPERINTENDENT OF EDUCATION. 22 1 

Sec. 2. He shall, before entering upon the duties of his office,. give jj°^«» i b 2d 
bond to the State of South Carolina, in the penal sum of five thousand JS^'^ldg* 
(5,000) dollars, with good and sufficient sureties, to be approved by the » e fiieii. 
Governor, conditioned fi>r the faithful and impartial performance of the ,s 
duties of his office; and he shall, also, at the time of giving bond, take 
and subscribe the oath prescribed in Section 30 of Article II of the Con- 
stitution of the State, which oath shall be endorsed upon the back of 
said bond, and the bond shall be filed with and preserved by the Secre- 
tary of State. 

Sec. 3. He shall receive, as compensation for his services, the sum of 
twenty-five hundred (2500) dollars per annum, together with his actual lowances 
cost of transportation when traveling on public business, payable quar- Ib >§ s - 
ter-yearly out of the State Treasury. 

■ 
Sec. 4. He shall have general supervision over all the common and Duties in 
public schools of the State; aad it shall be his duty to visit every County s ^ ' . — 
in the State, for the purpose of inspecting the schools, awakening an in- 
terest favorable to the cause of education, and diffusing, as widely as 
possible, by public addresses and personal communication with school 
officers, teachers and parents, a knowledge of existing defects and of 
desirable improvements in the government and instruction of the 
schools. 

Sec. 5. lie shall secure uniformity in the use of text books through- TT ., 

J - Uniformity 

out the common and public schools of the State, and shall forbid tlie to text books, 

use of sectarian or partisan books and instruction in schools. i D ., g ib~ 

Chap. 
XXX. VII, §1.) 

Sec. 6^ He shall prepare and transmit to the several County School To furnish 
Commissioners school registers, blank certificates, reports, and such other have "'school 
suitable blanks, forms and printed instructions as maybe necessary to 4c, ' printed 
aid school officers and teachers in making their reports, and carrying into bnted. 4lstri " 
full effect the various provisions of the school laws of this State; and lb., §n. 
shall cause the laws relating to common schools, with such rules, regula- 
tions, forms and instructions as shall be prescribed by the Board of Edu- 
cation, to be printed, together with a suitable index, in pamphlet form, 
by the person authorized to do the State printing, at the expense of the 
State; and he shall cause copies of the same to be transmitted to the 
several County School Commissioners for distribution. 

Sec. 7. That it shall be the duty of the State Superintendent of Edu- To co i lect 

cation to collect in bis office such school books, apparatus, maps and books ' &c - 

charts as can be obtained without expense to the State; and also to pur- 
chase, at an expense not exceeding fifty dollars a year, rare and valuable 
works on education, for the benefit of teachers, authors, and others, who 
jnay wish to consult them ; and the said sum is hereby annually appro- propSatioiK P ' 
priated for this purpose out of any moneys in the State Treasury not 
otherwise appropriated. 



222 OF STATE SUPERINTENDENT OF EDUCATION. 

To apportion g EC 8. That be shall, annually, ou the first day of November, or as 

school limd - ' ■> ' 

annually. soon thereafter as the amount of the school fund, or any considerable 
(Amended by portion thereof, arising from the school tax or any other source, shall be 
com ' ) ci Ilected at the (Treasury, (and so ou from time to time as said fund is 

realized at the Treasury,) apportion the same among the several School 
Districts of the State, in proportion to the respective number of pupils 
attending the public schools, and he shall certify such apportionment to 
the State Treasurer. He shall also certify to the Treasurer and School 
Commissioner of each County the amount apportioned to their County, 
and he shall draw his order on the State Treasurer in favor of the County 
Treasurer of each County for the amount apportioned to said County. 

To report Sec. 9. That he shall make a report, through the Governor, to the 
Genera?' a's" General Assembly, at each regular session thereof, showing: 

- mb] y: 1st. The number of persons between the ages of sis (0) and sixteen 

(16) years, inclusive, residing in the State on the first day of the last 

Report;, to preceding October. 

contain what. ' ° 

2d. The number of such persons in each County. 

3d. The number of each sex. 

4th. The number of white. 

5th. The number of Colored. 

6th-. The whole number of persons that attended the free common 
schools of the State during the year ending the thirtieth day of the last 
] 'receding September, and the number in each County that attended 
during the same period. 

7th. The number of whites of each sex that attended, and the number 
of colored of each sex that attended the said schools. 

8th. The number of common schools in the State. 

'. th. The number of pupils that studied each of the branches taught. 

10th. The average wages paid to teachers of each sex. 

11th. The number of school houses erected during the year, and the 
1 ication, material and cost thereof. 

12. The number previously erected, the material of their construc- 
tion, their condition and value, and the number with their grounds en- 
closed. 

13th. The Counties in which teachers' institutes were held, and the 
number that attended the institutes in each County. 

14th. Such other statistical information as he may deem important, to- 
gether with such plans as he may have matured, and the State Board of 
Education may have rocommended for the management and improve- 
ment of the School fund, and for the more perfect organization and effi- 
ciency of the common schools. 

15th. The number and cost of the books furnished to each County 
School Commissioner. 

To make 

statement or Sec. 10. He shall submit, in his Annual Reports statement of his 
official visits. ... 

it, § H official visits during the past year. 



STATE SUPERINTENDENT OF EDUI A.TION — STATE BOARD, &( . 223 

Sec. 11. He shall discharge such other duties as may be provided In-law ; T ,° discharge 

J r J ' other duties, 

am] he shall deliver to his successor, within ten days after the expiration *c To 

1 er books. X<\, 

of his term of office, all books, papers, documents and other property to successor. 
belonging to his office. Ib '' * vx 

Sec. 12. He shall have power to examine all persons who may to examine 
make application to him, as to their qualification for teaching school in j e |oe iei certifi . 
this State; and, to all persons of good moral character who pass fi^iOT- qn Sa^ 
a satisfactory examination, he shall issue a certificate of qualification for fl" a t e of celtl 
teaching school in the State of South Carolina, which certificate shall ib., j w. 
authorize the person to whom it is given to teach in any of the common 
schools of this State, in which his or her services may be desired by the 
Trustees of the school in which he or she may make application to teach, 
without any further evidence of qualification. Said certificate shall be 
valid for the term of two (2) years, unless sooner revoked. 

Sec. 13. That in ease of vacancy in the office of State Superintendent In case of 

' . « L vacancy, Gov. 

of Education, the Governor shall appoint, with the advice and consent ernor to ap- 

11 . . point. 

of the Senate, a person to fill such vacancy, who shall qualify within — ^ 
fifteen days after his appointment, and shall continue in office until the 
next ensuing general election, when a person shall be elected to fill the 
unexpired term; and should the person so appointed fail to qualify 
within the time specified, such failure shall create a vacancy. 

Sec. 14. That there is hereby appropriated, out of any money in the ' Appropria- 
State Treasury not otherwise appropriated, the sum of one thousand dol- hire. 
lais, annually, to the State Superintendent of Education, for the purpose lb ->i ls - 
of defraying the expenses of clerk hire in the office of the said State Su- 
perintendent of Education, said sum to be drawn quarterly by him, 
and to be disbursed by the said State Superintendent, for the purpose 
herein named : Provided, That the said sum of one thousand dollars Proviso, 
shall be iu full for the annual payment for all clerk hire of said Depart- 
ment. 



CHAPTER XXXVI. 

Of the State Board of Education. 

8hc. Stfr. 

1. Of whom to consist; State Superinten- 4. To hold lands, &e, in trust for State; 

dent to he Chairman ; may elect See- profits to be invested ; proviso. 

ret:- 5. State Superintendent, Ac, to receive 

2- Object of meetings. gifts, &e . for Board ; care of school 

3. Where and when held; mileage of Bouses, ao. 

members. 

Section 1. That the State Board of Education shall consist of the now com- 
several County School Commissioners and the State Superintendent of sopei-inten- 
Education, who shall be ex officio Chairman of the Board, and who shall ^"n. To elect 
be entitled to vote on all questions submitted to the Board. The Board 5^!^^ — 

. 1-71, XIV, 574, 

may elect one of its members Secretary. \ i. 



224 OF THE SPATE BOARD OF EDUCATION. 

object of g KC _ o. The meetings of the State Board of Education shall be held 
meetings. ° t 

iik, \ 3. for the purpose of considering such matters as may be deemed necessary, 
and of taking such action as may advance the cause of common school 
education in tins State. 

where ana Sec. 3. That the State Board of Education shall meet on the first 

wlll'll ll < '1' 1 . 

— iuTf? — Wednesday in October of every year, at the Capital of the State, and at 
such other times and places as the State Superintendent of Education 
shall direct. The members of the Board shall be entitled to receive a 
mileage at the rate of twelve (12) cents per mile going to and returning 
member? ° f ^' rom tne meetings of the Board aforesaid, to be paid by the State Treas- 
urer on presentation of a certificate signed by the Chairman and Secre- 
tary of the Board. 

To hold lands. Sec. 4. That the State Board of Education shall take and hold in 
for'the state! ■ trust, for the State, any grant or devise of lands, and any gift or bequest 
ib, 575, § 5. of money, or other personal property, made to it for educational pur- 
poses, and shall pay into the State Treasury, for safe-keeping and invest- 
Profitstobe ment, all moneys and incomes from property so received. The State 
invested. Treasurer shall, from time to time, invest all such money in the name of 

the State, and shall pay to the State Board of Education, on the warrant 
of the Governor, the income or principal thereof, as it shall, from time 
to time, require: Provided, That no disposition shall be made of any 
grant, devise, gift or bequest inconsistent with the conditions or terms 
thereof. For the faithful management of all property so received by the 
State Treasurer he shall be responsible, upon his bond, to the State, as 
l'roviso. for other funds received by him in his official capacity: Provided, how- 
ever, That the Trustees of any School District of this State may take and 
hold in trust, for their particular School District, any grant or devise of 
lands, and any gift or bequest of money, and apply the same in the in- 
terest of the schools of their District, in such manner as, in their judg- 
ment, seems most conducive to the welfare of the schools, when not oth- 
erwise directed by the terms of the said grant or devise, gift or bequest: 
And provided, 'farther, That before said Trustees shall assume control of 
any such grant, devise or bequest, they shall give a bond, to be approved 
by the School Commissioner of the County in which such grant, devise 
or bequest is made; said bond to be deposited with the Clerk of the Court 
of said County. 



State Super- 



Sec. 5. That the State Superintendent of Education, or any County 
intendent, School Commissioner, or School District Board of Trustees, may receive, 

Ac, to receive ' • ' 

gifts, Ac, for i n behalf of the State Board of Education, any gift, grant, donation or 
Board. Care . « .. i i-i 

capo] devise of any school house, or site for a school house, or library lor the 
houses, &c. * . 

Ib "582, « i.-," use of any school or schools, or other school purposes within the Stale, 

ami are hereby invested with the care and custody of all school houses, 
sites, or other property belonging to the State Board of Education within 
the limits of their jurisdiction, with full power to control the same in 
such manner as they may think will best subserve the intercuts of com- 
mon schools and the cause of education, subject to (he control of the 

State Board of Education. 



OF TEXT BOOKS — COUNTY SCHOOL COMMISSIONERS, &C. 225 

CHAPTER XXXVII. 
Of Text Books. 

Sec. Sec. 

1. Commission provided for. which shall 2. How books shall be furnished to Dis- 
decide upon a list of Text Books, anil tricts. 

furnish to the Board of Education. | 

Section. 1. That, for the purpose of procuring an uniform system of commission 
Text Books, to be used in the common and public schools throughout t'o^'^fechie 
the State, there shall be a Commission of five appointed, to consist of "P^ 11 SJ^ 
His Excellency the Governor, who shall be ex officio Chairman, the * he l^t to be 
Chairman of the Committee on Education of the Senate and House of "isy, xiv, 574, 
Representatives, and, for the purpose of selecting the other two members, . 
the Senate shall, by a majority of votes, appoint one, and the House of 
Representatives shall, in like manner, select the other: Provided, That 
the Commission herein appointed shall not have power to amend or 
change the list of Text Books already in use until the fir^t of January, 
1873, unless authority be granted to the Commission, by Act of the 
General Assembly, to amend or change the list aforesaid: And provided, 
further, That the Commission shall decide upon a list of Text Books to 
be used in the common and public schools throughout the State, and 
shall furnish the same to the Board of Education at its first session. 

Sec. 2. That the School Trustees of every School District shall make how furnish- 
out and forward to the School Commissioner of the County wherein such t^ ct3 to Dls_ 
School District is situated a list of all Text Books neededby the persons lb., \ 4. 
attending school, which list, when properly certified to by said Trustees, 
the School Commissioner shall approve and forward to the State Super- 
intendent of Education. The State Superintendent of Education shall, 
as soon as practicable after the receipt of such list, forward the books 
therein required free of charge. And the General Assembly shall, by 
appropriation, provide for the payment of the books aforesaid. 



CHAPTER XXXVIII. 
Of County School Commissioners and Boards of Examiners. 

Sec. Sec. 

1. Commissioners to be elected every 9. Commissioner for Charleston County. 

two years ; term of office ; bond. 10. Jurisdiction does not extend over city. 

2. Oath :'m ease of vacancy, Governor to 11. One Commissioner to be elected in 

appoint. each Ward of Charleston ; term of 

3. General duties ; to deliver public lee- office ; to constitute a School Board, 

ture in each District, annually, and elect Chairman and Clerk ; du- 

4. To see that certain branches are : ties of Board ; power to lew school 

taught. tax. 

5. To report annually to the State Super- 12. Pay of County School Commissioners. 

intendent. 13. Board of Examiners; how constituted: 

6. Penalty for failure to report. Commissioner to be chairman; Board 

7. To conform to instructions of State ' to examine teachers and give eerti- 

Superintendent, &e ; to transmit to ficates yearly. 

school officers all blanks, Jbc. 14. Board to meet twice a year; Commis- 
S. County Treasurers to retain poll tax sioner to be Clerk. 

f"i school purposes; penalty for fad- 15. Length of School year, &c. 
ure. 

Section 1. There shall be elected in each County, at the general 
election in October, A. D. 1872, and at the general election every two 
29 



226 OF COUNTY SCHOOL COMMISSIONERS, iC. 

Election of y eavs thereafter, a School Commissioner, who shall hold his office until 

Coni mission- J ' 

er; term of of- jjjg successor is elected and qualified. He shall, before entering upon 
"TstI^xiv.sts, the duties of his office, give bond, for the use of the County in which he 
Con.,Art.x,;2. is elected, for educational purposes, in the penal sum of twice the 
amount of his annual salary, with good and sufficient sureties, to be ap- 
proved by the County Commissioners, conditioned for the faithful and 
impartial discharge of the duties of his office. 

Sec. 2. That on the first day of January next succeeding the date of 
nor'i'o fliTva- ^' s election, he shall take and subscribe the oath of-office prescribed in 
5?^: Section 30, Article II, of the Constitution of this State, which oath he 

lb. i 22. 

shall file in the office of the Clerk of the Court of the County in which 
he was elected, and shall immediately enter upon the discharge of his 
duties, and, upon his failure so to do, or if for any other cause there 
should be a vacancy in the office, the Governor shall appoint a person to 
fill such vacancy, who shall qualify within fifteen clays after his appoint- 
ment, and shall continue in office until the time prescribed for filling said 
office by election, as herein provided ; and should the person so appointed 
fail to qualify within the time specified, such failure shall create a va- 
cancy. 

General du- g EC _ 3. it shall be the duty of each County School Commissioner to 
~rb., § 23" visit each of the schools in his jurisdiction at least three times a term, 
and to note the course and method of instruction, and the branches 
taught, and to give such recommendations in the art of teaching, and 
the method thereof, in each school, as shall be necessary and expedient, 
so that uniformity in the course of studies and methods of instruction 
employed shall be secured, as far as practicable, in the schools of the 
several grades respectively. He shall acquaint himself, as far as practi- 
cable, with the character and condition of each school, noting any defi- 
ciencies that may exist, either in the government of the school or the 
classification of its pupils, or the method of instruction employed in the 
several branches, and shall make such suggestions, in private, to the 
teachers, as to him shall appear necessary to the good order of the school, 
and the progress of the pupils. 

He shall note the character and condition of the school houses, the suf- 
ficiency or insufficiency of the furniture, and shall make such suggestions 
to the several District Boards as, in his opinion, shall seem conducive to 
the comfort and progress of the pupils of the several schools. It shall lie 
the duty of each County School Commissioner to aid the teachers in all 
proper efforts to improve themselves in their profession. 

For this purpose he shall encourage the formation of associations of 
teachers for mutual improvement ; he shall attend the meetings of such 
associations, and give such advice and instruction in regard to their con- 
duct and management as, in his judgment, will contribute to their greater 
efficiency. He shall, also, deliver a public lecture to the people in each 
of the several Districts of the ( !i uuty each year, for the purpose of ele- 
vating the standard of education, and increasing the general interest of 
the people in public schools. 



OF COUNTY SCHOOL COMMISSIONER?, AC. 227 

Sec. 4. That it shall be his duty to see that in every school under his T '.' see that 
care there shall be taught, as far as practicable, orthography, reading, j£ an £5 es are 
writing, arithmetic, geography, English grammar, history of the United ~ib~579, § 24. 
.States, the principles of the Constitution and Laws of the United States 
and of this State, and good behavior. 

Sec. 5. He shall, on or before the first dav of October, each year, for- To report an- 

• J Dually to the 

ward to the State Superintendent of Education an extended report, con- state Super- 

' , . mtenJent. 

taining an abstract of the reports made to him by the various school ih7,Ji5. 
officers and teachers in his County, and showing the condition of the 
schools under his charge, suggesting such improvements in the school 
system as he may deem useful, and giving such other information in re- 
gard to the practical operation of the common schools, and laws relating 
thereto, as may be deemed of public interest. He shall also include, in 
his report, such other matters as he shall be directed to report by the 
State Superintendent of Education. 

Sec. 6. That, should he fail to make the Annual Report required in Penalty for 

11 failure to re- 

the preceding Section, he shall forfeit to the school fund of his County port- 



his last quarter's salary of that year, and shall also be liable fir all dam- Ib "' ' J 
ages caused by such failure. 

Sec. 7. That he shall, at all times, conform to the instructions of the Tnconformto 

~ „ . , , „, . .,....,.. instructions 

State Superintendent oi Jiilucation, as to matters within the jurisdiction of state Su- 

_. no . n .. perinteuctent, 

oi said Superintendent. He shall serve as the organ of communication &c 
between the said State Superintendent and school authorities. He shall to school offi- 
transmit to school officers, or teachers, all blanks, circulars, and other wants, Ac. 
communications which are to them directed. ™-< § - 7 - 

Sec. 8. That the several County Treasurers shall retain all the poll county Treas- 

w vf*Y*i to r^« 

tax collected in their respective Counties ; and it is hereby made the duty tain poll tax 
of the said County Treasurers, in collecting the poll tax, to keep an ac- pm-pose's. 1Q< 
count of the exact amount of said tax collected in each School District .^ 1 ' XIV i 559 ' 
in his County; and the poll tax collected therein shall be expended 
for school purposes in the School District from which it was col- 
lected; and any violation of this Section by the County Treasurers shall 
constitute, and is hereby declared, a misdemeanor; and, on conviction 
thereof, the said County Treasures shall pay a fine of not less than five 
hundred (500) dollars, nor more than five thousand (5,000) dollars, to be 
used for school purposes in the County suffering from such violation, or 
imprisonment, in the discretion of the Court. 

Sec. 9. That it shall be the duty of the School Commissioner of Charles- commission- 
ton County to organize, in all the School Districts outside of the city of e Charleston^ 

Charleston, a suitable number of schools. He shall also visit said schools Oo°"ty- 

not less than three times during each year, and shall perform such other 
duties as are prescribed for County School Commissioners. 



228 OF COUNTY SCHOOL COMMISSIONERS, &C. 

tiraovercity ^ec. ^ - ^e School Commissioner of the County of Charleston shall have 
ibV§ if- jurisdiction only over the schools and all educational interests outside of 
the corporate limits of the city of Charleston. 

Sec. 11. That at every regular municipal election held in the city 

OneCommis- . . 

sioner to be of Charleston, one School Commissioner shall be elected by the legal 

elected to 

each ward of votes of each ward, who shall continue in office until his successor is 

Term of of- elected and qualified. The School Commissioners so elected shall con- 

fice. . 

To constitute stitute a School Board, and they may assemble at any time and elect a 

Board and Chairman and Clerk and Superintendent of City Schools, whose term of 

man a n d office, duties aud compensation shall be prescribed by said Board, but 

his term of office shall not exceed that of the Board electing him. The 

duties of the Board aforesaid shall be the same as those of the Board of 

School Trustees for the several School Districts, in addition to which 

they shall, on or before the first day of October, forward to the State 

Superintendent of Education a report of all matters connected with 

the school interests of the city of Charleston, as are required of each 

schoo?tax. evy County School Commissioner. They shall also have power to levy 

ib., § n. and cause to be collected, as other city taxes are, a sum not to exceed 

one and one-half of one mill on the dollar on all taxable property in 

said city of Charleston ; and the money so collected shall be placed in 

the City Treasury, subject to the order of said City Board of School 

Commissioners. 

PayofCoun- ^ec. 12. That each County School C< mmissioner shall receive as com- 
^ommiasion. 1 P en sation for his services, including expenses of transportation within his 

*- Jls - County, an annual salary of one thousand (1,000) dollars, except the 

' ' "'' County School Commissioner of Charleston County, who shall receive an 
annual salary of twelve hundred (1200) dollars, payable quarterly by 
the Treasurer. 

f e ^ EC- l**' That there shall be, in each County, a Board of Examiners, 
aminers; how com n sed of the County School Commissioner, (who shall, e.r officio, be 

constituted; t - 1 • ' i 

Commission- Chairman,) and two other members, who shall be appointed by the County 
ev to be Chair- ' » 

man. School Commissioner, and who shall hold office for the term of two years 

from the time of their appointment; but no person shall be appointed a 

member of the County Board of Examiners who is uot competent to teach 

a first grade school. 

. . It shall be the duty of the County Board of Examiners to examine all 

Board to ex- J J 

amine teach- candidates for the profession of teacher, and to give to each person found 

ly- qualified a certificate, setting forth the branches of learning he or she 

lb., 580, 1 31. ma y be capable of teaching. Such examinatiou to be renewed every 
year, and no teacher shall be employed in any of the common or public 
schools, without a certificate from the County Board of Examiners, or 
the State Superintendent of Education. 



Ltomeet Sec 14. The Board of County School Examiners shall meet at 

.•i.-mii.' least twice a year, at such places, aud at such times, as the County 

''School Commissioner shall appoint; and the County School Commis- 

"'•' '■'■-■ sioner shall be Chairman and Clerk of the Board, and shall keep a fair 



OF SCHOOL DISTRICTS A>'D TRUSTEES. 229 

record of their proceedings, and a register of the name, age. sex, color, 
residence and date of certificate of each person to whom certificate is 
issued, and in case a certificate be cancelled, shall make a proper entry 
of the same. 

Sec. 15. That the school year shall continue for a period of nine Length of 
months, commencing and ending as, in the opinion of the County Board %c°° 
of Examiners, will best subserve the educational interest of their County ; Ib -> ^ I 4a - 
but the County School Commissioner shall have power to limit the 
school year, according to the school fund apportioned to his County. 



CHAPTER XXXIX. 
Of School Districts and Trustees. 

Sec. I Sec. 
1. School Commissioners to divide Coun- school site: jury to assess value; 

ties into Districts; Districts, how | title to vest in Trustees. 

designated 1 ; may sue, Ac; to be | 10. Penalty for interfering with jurv of 

under management of School Tru~- view. 

tees ; their term of office. 11. Children may he transferred to other 

•2. How appointed. Districts: schools composed of parts 

3. To take oath. of Districts, how supported. 

4. Meetings; Clerk to he appointed; his j 12. Teachers to report to Board, when; 

duties. pay of teachers, when drawn and 

5. Duties of Trustees : to visit schools. how. 

C. To make enumeration of children 13. Annual meetings; special meetings. 

everj- two years ; how and by whom i 14. Who may vote at District meetings. 

paid ; proviso. 15 Powers of such meetings. 

7. To hold regular session, when ; special ' 16. School money to be held by Treasurer, 

meetings. subject to order of Clerk of Board ; 

?. General powers of Trustees. when and how assessed and col- 

9. Jlay appoint a jury of view to locate ! leeted. 

Section 1. It shall be the duty of each County School Commissioner county 

i- • i i • n • • nil -i-v • o n School Coin- 

to divide his County into convenient School Districts, tor all purposes missioners to 
connected with the general interest of education, and re-district the same, tics 'into Dis- 
whenever, in his judgment, the general good requires it. And eyery 

School District organized in pursuance hereof, shall be a body politic and Designation 
, , 6 , r , . . J 1 ofDiatriet.&c. 
corporate, by the name and style of School District iSo. — , (such a num- 
ber as may be designated by the County School Commissioner,) of manaKement 

County, (the name of the County in which the District is situated,) theii^term'of 

State of South Carolina ; and in that name may sue and be sued, and be °3 Q 1- j 

capable of contracting and being contracted with, and holding such real 
and personal estate as it may come into possession of, by will or other- 
wise, or as is authorized to be purchased by the provisions of this Chap- 
ter, all of which shall be used exclusively for school purposes. Each 
School District shall be confined to the management and control of the 
Board of School Trustees hereinafter provided for, who shall hold their 
office for two (2) years, and until their successors are appointed and 
qualified, and the said Trustees shall be exempt from militia and road 
duty, and payment of poll tax. 



2C0 OF SCHOOL DISTRICTS AND TRUSTEES. 

How ap- g EC 2. It shall be the duty of each County Board of School Exami- 
pointed. J f 

lb., j 33; ners to appoint for each and every School District in their County three 
School Trustees, who shall hold their office for two years, and whose duty 
shall be as herinafter prescribed; and they shall have power to fill, from 
time to time, all vacancies which may occur in their respective School 
Districts in Boards of School Trustees in their County. 

To take oath Sec. 3. The said Trustees, within fifteen (15) days after their ap- 

of office. ' . 

lb., i 34. pointment, shall take an oath or affirmation faithfully and impartially to 

discharge the duties of their office, which oath the members are author- 
ized to administer to each other. 

Meetings ; Sec. 4. It shall be the duty of the said Trustees, any two of whom 
appointed; shall constitute a quorum, to meet as soon and often as practicable, after 
" "r> ">'35 — having been appointed and qualified, at such place as may be most con- 
venient in the District, and at their first meeting they shall organize by 
appointing one of their number Clerk of the Board, who shall preside at 
the official meetings of the Trustees, and shall record their proceedings 
in a book provided for that purpose. Each member of the Board of 
Trustees shall be duly notified of all meetings by the Clerk of the Board. 

Duties of g EC . 5. i t s hall be the duty of the Trustees in each School Dis- 

irnstees. ■ J 

lb , 581, § 3B. trict to take the management and control of the local educational inter- 
ests of the same, subject to the supervision of the County School Com- 
missioner, and to visit the school at least once in every month during the 
school term. 

To make enu- Sec. 6. They shall make, or cause to be made, once in two years, in 
children each School District, by the first day of September, an enumeration of 

years. all the children between the ages of sis (6) and sixteen (16) years, resi- 

dent within such School District, distinguishing between male and fe- 

■wiiom paid, male, white and colored ; and the Clerk of said Board of Trustees shall 
return to the County School Commissioner a duplicate return of the 
same. Each School Trustee shall receive five (5) cents per capita for 
, each child enumerated by him ; the account for which shall be audited 

by the County School Commissioner, and paid, according to law, by the 
County Treasurer, out of the school fund of the School District wherein 
[b., g 37. the enumeration was made: Provided, That in case the enumeration of 
the scholastic population of any School District is not made, as provided 
for in this Chapter, by that time, the County Board of School Ex- 
aminers is authorized to appoint new Trustees for such School Dis- 
trict, unless for good and sufficient cause the Trustees have failed to 
act. 

To hold regu- Si:c. 7. It shall be the duty of the Board of Trustees to hold a regu- 

lar session, *' © 

wheni special lar session iii their School District at least two weeks -before the com- 

meetmgs. 

ii'.,;i3sn mencement of any or every school term, for the transaction of any and 
all business necessary to the prosperity of the school, with power to ad- 
journ, from time to time, and to hold special meetings at any time or 
place. 



Proviso. 



OF SCHOOL DISTRICTS AND TRUSTEES. 231 

Sec. 8. The Board of Trustees shall have power to establish and make G, - uei ; 11 J? ow - 

1 ers of Trus- 

all arrangements for the common schools of Districts, and to make the tee *- „ 

same comfortable, paying due regard-to any school house already built, 
or site procured, as well as to all other circumstances proper to. be con- 
sidered, so as to best promote the educational interest of their District. 
They shall employ teachers from among those having certificates, and 
discharge the same when good and sufficient reasons for so doing present 
themselves; but they shall employ no person to teach in any of the 
schools under their supervision unless such person shall hold, at the time 
of commencing his or her school,, a certificate to teach, granted by the 
County Board of 'School Examiners, or by the State Superintendent of 
Education. 



Sec. 9. Should the Board of Trustees be unable otherwise "to pro- May appoint 
cure sites for school houses, they are hereby authorized to appoint a jury cat"' 5 sc°iooi 
of view of five (5) legal voters of the County, who shall locate said site Slte3, 
as the public interest may require ; but, except in a city, town or village, 
said site shall not be located within two hundred (200) yards of the 
dwelling of the owner of the land taken for said site without his consent, 
given in writing. The said jury shall assess the value of the same, and 
report their action to the Board of Trustees, who shall secure the title jury to assess 
and pay for the site, as decided by the jury of view, out of any moneys tieftoVest U 
available for that purpose ; and, upon such payment, the title shall im- 
mediately vest in the Trustees and their successors in office. 



Trustees 
"lb., I 40T 



Sec. 10. That if any person or persons shall threaten, or in any man- Pena i tv fol 
ner interfere with the jury of view herein directed to be appointed, ^"["VJu" 1 ^ 
while discharging the duties herein prescribed, he or they, separately or lb , 5rf, : «. 
conjointly, shall be deemed guilty of a misdemeanor, and, on conviction 
in any Court of competent jurisdiction, be fined not more than two hun- 
dred dollars, or be imprisoned not more than ninety days, or shall suffer 
both fine and imprisonment, in the discretion of the Court ; and any 
moneys accruing from such fines shall be added to the school fund of the 
School District wherein the guilty party or parties reside. 

Sec. 11. That when it shall so happen that persons are so situated as 
to be better accommodated at the school of any adjoining School District, be trans- 
or whenever it may be desirable to establish a school composed of parts other Di?- 
of two or more School Districts, it shall be the duty of the respective compos* 
Boards of Trustees of the School Districts in which such persons reside, 'Districts— 
or in which such schools may be situated, or of the School Districts, or b aT sul,p01 " 
the parts of which the school is to be composed, to transfer such persons lD -i i il - 
for education to the School District in which such school house is or may 
be located; but the enumeration of scholars shall be taken in each Dis- 
trict as if no such transfer had been made ; and such school, when so 
composed, shall be supported from the school funds of the respective 
School Districts from which the scholars mav have been transferred. 



232 OF SCHOOL DISTRICTS AND TRUSTEES. 

Teachers to g EC 12. That it shall be the duty of each school teacher to make out 

report to J 

Board "when; an d file with the Clerk of the Board of Trustees, at the expiration of 

pay, when i 

drawn ami each school month, a full and complete report of the whole number of 
lb., § 44. scholars admitted to the school during each month, distinguishing be- 
tween male and female, the average attendance, the branches taught, the 
number of pupils engaged in each of said branches, and such other sta- 
tistics as he or she may be required to make by the County School Com- 
missioner; and until such report shall have been certified and filed by 
the said teacher, as aforesaid, it shall be the duty of said Board of Trus- 
tees to require the same, and forward to the County School Commissioner, 
before said teacher can draw pay for his or her services. ' On the filing of 
the teacher's report, the Clerk of the Board of Trustees shall draw an 
order, in duplicate, on the County Treasurer for the amount due each 
teacher, which order shall be countersigned by the County School Com- 
missioner, who shall file the duplicate in his office. 

Annual meet- Sec. 13. An annual meeting of each School District shall be held on 

mgs. the last Saturday of June, of each year, at 12 o'clock M., notice of the 

time and place being given by the Clerk of the Board of Trustees, by 

posting written or printed notices in three public places of the District 

at least ten clays before the meeting. 

. Special meetings may be called by the Board of Trustees, or by a ma- 

meetin gs. jority of the legal voters of the District; but notice of such special 

., 583, zi9. rae eting, stating the purpose for which it is called, shall be posted in at 
least three public places within the District, ten days previous to the 
time of such meeting. And no business shall be acted upon at any spe- 
cial meeting not specified in said notice. 

Who may Sec. 14. The following persons shall be entitled to vote at any Dis- 

Tote at Dis- .-,,•• 
trict meet- tnct meeting, viz. : 

All persons possessing the qualifications of electors, as defined by the 

Constitution of this State, and who shall be residents of the District at 

the time of offering to vote at such meeting. 



mgs. 



Ib., 584, i 50. 



Powers of Sec. 15. The inhabitants qualified to vote at a school meeting, law- 
ings. _ fully assembled, shall have power: ' 



lb., 584, \ 51. 



1st. To appoint a Chairman to preside over said meeting. 

2d. To adjourn from time to time. 

3d. To choose a Clerk, who shall possess the qualification of a voter. 

4th. To raise by tax, in addition to the amount apportioned by the 
State to their use, such further sums of money as they may deem proper 
for the support of public schools, said sum not to be more than three 
dollars for every child in the District between the ages of six and six- 
teen, as ascertained by the last enumeration, said sum to be collected by 
the County Treasurer, and to be held by him subject to the order of the 
Trustees, countersigned by the Comity School Commissioner, such sums 
of money to he used as shall be agreed upon at the meeting, either for 
the pay of teachers' salaries or to purchase or lease sites for school houses; 



OF SCHOOL DISTRICTS AND TRUSTEES — NORMAL SCHOOL. 233 

to build, hire or purchase such school houses; to keep them in repair, 
and furnish the same with necessary fuel and appendages; or to furnish 
black-boards, outline maps and apparatus for illustrating the principles 
of science, or to discharge any debts or liabilities lawfully incurred. 

5th. To give such direction and make such provisions as may be deemed 
necessary, in relation to" the prosecution or defence of any suit or pro- 
ceeding in which the District may be a party. 

6th. To authorize the Board of Trustees to build school houses, or rent 
the same ; and to sell any school house site, or other property belonging to 
the District, when the same shall no longer be needed for the use of the 
Distri :. 

7th. To alter or repeal their proceedings, from time to time, as occa- 
sion may require, and to do any other business contemplated in this 
Chapter. 



Sec 16. Tin Qpunty Treasurer shall pay over all moneys by him re- ^ School u ™,°[ 
ccived, which shall have been assessed by virtue of the vote of any Dis- by Treasurer, 

/ T,. SUllJCCt, *c. 

trict meeting, as herein provided for, in the County in which such Dis- i57i~29! 
trict is situated, on the order of the Clerk of the Board of Trustees of 



When ami 

said District, countersigned bv the County School Commissioner, to be how assessed 
, n i -,. ," , , ,-.. . .. , i , & • j and collected. 

used for the purpose directed by the District meeting so held, oaid 

money shall be assessed and collected at the time, and in the manner that 

County taxes are assessed and collected : Provided, That in School Dis- proviso. 

tricts where there are less than one hundred children between the ages of 

six and sixteen, the inhabitants may raise such a sum, per child, as will 

be sufficient to maintain their schools.* 



CHAPTER XL. 

Normal School. 



Sec 
3. Charleston City School Commission- 
ers to make regulations for school, 
&c. 



Sec. 
1. Normal School to be conducted in 
connection with Charleston Female 
High School. 
'J. Kind of pupils admitted; proviso. 

Section 1. That the Charleston City Board of School Commissioners aucteanieon- 

are authorized to conduct a Normal School for the training of female "ciSrleston' 1 

teachers for the State at large, in connection with the Female High schooL H ' sl1 

School heretofore established for the Parishes of St. Philip and St. Mi- "is57,~xii. t»3, • 

§ i; is", Xiv, 
chad. 5S3, £48. 

*Note— In the opinion of the Commission, the following clause of Section 29 of the 
School Act, (1S71, XIV, 570,) is inconsistent with Section 5 of Article X of the Consti- 
tution, and should be omitted : 

" If the inhabitants of any School District, at their annual District meeting, shall 
fail to provide for the raising of a public school tax, then the County School Commis- 
sioner of the County In which such District is situated shall be required to withhold 
from said District that part of the stale appropriation derived from the revenue of 
the State, and to apportion and distribute the same to the other Districts of the 
County which have complied with the requirements of law." 

30 



234 



NORMAL SCnOOL— AGRICULTURAL COLLEGE. 



unadmitted" ^ EC ' ^' ^ ne sa *^ Board shall receive into the said school, free of any 
185^X11,604,? 3. charge for tuition, female pupils from every part of the State, not ex- 
ceeding fifteen to each Congressional District, for the purpose of being 
rroviso. trained as teachers: Provided, That such applicants shall have the qual- 
ifications, aud shall stand the examination required of other applicants 
of equal grade. 

Charleston Sec. 3. The said Board shall have power to conduct the said School, 

School coin- anc ] i make such regulations for its government as they may deem best 

missioners to ° » J J 

make rcguia- suited to its beneficial operation, and shall report its condition and ex- 

tions for, .So. l ' <■ 

fb, i ~~ penses annually, with their usual report, to the State Superintendent of 
Education. 



CHAPTER XLI. 



Agricultural College. 



Sec. 

1. Assembly may make Agricultural Col- 

lege branch of State University. 

2. State accepts provisions of Act of Con- 

gress, donating public land. 

3. Governor authorized to obtain land 

scrip and hold same for use of State. 



Sec. 

1. How, and by whom, such scrip to be 
disposed of. 

5. Proceeds to be invested in State or 
United States bonds. 

C. An agent may perform duties of Gov- 
ernor, Ac. 

7. Costs and expenses, how paid. 



Assembly Section 1. The General Assembly shall, as soon as practicable, pro- 
may ; nilke vide for the establishment of an Agricultural College, and shall appro- 

Agnctilturiil © © > ix 

£? lle{ L e ! f priate the land given to this State, for the support of such a college, In- 
state Univer- t] ie Act of Congress, passed July second, one thousand eight hundred 
i-''i. XIII, 426, and sixty-two, or the money or scrip, as the case may be, arising from the 
x'§9° n ' * 1 ' sa ' e °f sa ' ( I lands, or any lands which may hereafter be given or appro- 
priated for such purpose, for the support and maintenance of such college, 
and may make the same a branch of the Slate University, for instruc- 
tion in agriculture, the mechanic arts and the natural sciences connected 
therewith. 

state accepts g EC- 2. The State of South Carolina hereby accepts all the provisions 

provisions of . 

Act of con- of an Act of the Congress of the United States of America, approved 

gress donat- D ' rI 

ing public July 2, 1SG2, and of subsequent Acts, entitled "An Act donating public 
im'.s, xiv, inn, lands to the several States and Territories which may provide colleges 

'<■ L for the benefit of agriculture and the mechanic arts," and consents to the 

conditions specified in said Act, especially all those set forth in the fifth 
Section thereof, and numbered first, second, third, fourth, fifth and sixth. 



Governor ^ EC - ^* The Governor of this State is hereby authorized and directed 

nhiVi'm ' Z 'i!!nd to ta ' a ' s '"' 1 steps as may be necessary to obtain the land scrip to which 

scrip, &o. the State of South Carolina is entitled under the provisions of the Act 

of Congress referred to in the foregoing Section; and such scrip, when 

obtained, shall be held by the Governor for the use of the State until it 

is disposed of as hereinafter provided. 



AGRICULTURAL COLLEGE — UNIVERSITY OF SOUTH CAROLINA. 



235 



Sec. 4. The Governor, Secretary of State and Attorney General are J 1 ^ ai i5J ?y 
authorized and empowered to receive and sell, and the Attorney General tobedisposea 
shall assign, at such times and upon such terms as they may deem best n,., § 3. 
for the interests of South Carolina, or as the General Assembly may 
hereafter by law direct, the whole or any part of the scrip or land war- 
rants issued, or to be issued, to this State by virtue of the Act of Con- 
gress referred to in the second Section of this Chapter. 

Sec. 5. The proceeds of the sale or sales aforesaid shall be invested proceeds to 
either in bonds of the United States, or in six per cent, bearing bonds of stote V oriJ.s! 

this State; the principal of which bonds shall be forever held sacred for boncls • 

the purposes directed in the Acts of Congress aforesaid, and the interest 
shall be paid over semi-annually in each year, that is to say, on the first 
of January and the first of July, as directed by law. 

Sec. 6. The Governor, Secretary of State and Attorney General, may An agent 

... „ , ,. , p . i • 1 - i mJ iy perform 

jimmy perform and discharge any of the acts, trusts or duties authorized, dutie s of, &c. 

directed or conferred herein, by any agent by them selected and ap- n>-, 170, |5. 

pointed. 

Sec. 7. The costs and expenses incurred in carrying into effect the How costs, 
provisions of this Chapter shall be paid out of the Treasury of the State. i 0i| j & 



CHAPTER XLII. 
Of the University of South Carolina. 



Sac. 

1. Incorporation of the University of 

South Carolina. 

2. Meetings of Board of Trustees; quo- 

rum. 

3. To transact all business of College, 

enact rules, &c. 

4. Vacancies in University — how filled. 

5. Powers of the Trustees. 
B. Sites ceded to Trustees. 

' 7. To enclose certain squares. 
8. Power of Trustees to issue subpoenas 

to testify, &c. 
•1. Power to dismiss officers. 

10. Authority to receive and invest schol- 

arship funds. 

11. Style and power of the officers. 

12. Suspension and restoration of stu- 

dents. 

13. Trustees to establish schools and pro- 

vide for Professors in following De- 
partments : 

1. Ancient languages, &c. 

2 Modern languages, &c. 

.;. History, Political Philosophy, &c. 

4. Rhetoric. 

5. Mental and Moral Philosophy, 

&e 

6. Mathematics, Engineering, &c. 

7. Natural Philosophy, &c. 

8. Chemistry, &c. 

9. Law. 

10. Medicine. 



Skc. 

14. One Professor to be a minister and 

act as chaplain. 

15. Matriculation and entry of schools, 
hi. University may confer degrees. 

17. Degrees to be conferred on law and 

medical graduates, 
is. Graduates in law or medicine may 

practice. 
10. Demonstrator of anatomy. 
■2m Residences of Professors. 

21. Librarian to be Treasurer and Secre- 

tary. 

22. Ilursar. 

23. One youth from Orphan House to be 

educated annually. 

24. To be allowed to graduate, subject to 

rules, &c. 

25. Maintenance. 

25. Vacancies in such scholarships. 

27. Appropriation for clothing 

28. Free students trom each County— how 

appointed. 
20. Salaries; tuition fund. 
30 Additional duties of Professors. 

31. Chairman of Faculty. 

32. Preparatory school : not to receive pe- 

cuniary aid from State. 

33. Tuition fees; compensation for room 

rent, &c. 

34. Distinctions of race or color. 

35. Buildings to be insured. 

3t>. Treasurer to give duplicate returns. 



Section 1. That the Board of Trustees of the University of South Caro- 
lina shall consist of seven members, who shall be elected on joint ballot 



236 OP THE UNIVERSITV OP SOUTH CAROLINA. 

tion nC SFti£ h i' the Gencral Assembly, and shall hold their offices for the term of 
snu7h' si l\im- f° ur years and until their successors shall be appointed, (no one of whom, 
lill!l - . during his continuance in office, shall be in any other manner connected 

Mj i'8d9, xitJ with the University.) They shall be a body politic and corporate, in 
deed and in law, by the name of " The University of South Carolina ;" and 
by the said name they and their successors shall and may have perpetual 
succession, and be able and capable in law to have, receive and enjoy to 
them and their successors, lands, tenements and hereditaments, of any 
kind or value, in fee, or for life or years, and personal property of any 
kind whatsoever, and also all sums of money of any amount whatsoever, 
which may be granted or bequeathed to them for the purpose of build- 
ing, erecting, endowing and supporting the said University in the city of 
Columbia. 

Meetings of Sec. 2. The Board of Trustees, when elected, shall meet at Columbia 
tees'. ° 1Us " at such time and place as the Governor shall, by summons, direct, and 
i869,xiv,203,§2 the Governor of the State shall be the President of the Board of Trus- 
tees by virtue of his office, and, in his absence, the Board shall elect one of 
their own number to act as President. The stated meetings of the Board 
Quorum. shall be held at least once in three months; but the President of the 
Board shall have power to assemble it at any time in extra meeting, and 
it shall be his duty to do so whenever requested by the Faculty of the 
University. Any five of the Board shall constitute a quorum for the 
transaction of business. 

To transact Sec. 3. That the said Trustees, or a quorum of them, being regularly 

all business of iini i i /. i ■ • uii- 

coiiege, enact convened, shall be capable or doing or transacting all the business and 

T U 1 G S & C 

i.Mi v iiii~y>' concerns of the said University ; but more particularly of electing all 
the customary and necessary officers of the said institution; of removing 
any of them for neglect or misconduct in office; of prescribing the course 
of studies to be pursued by the students; and, in general, of framing and 
enacting all such ordinances and by-laws as shall appear to them neces- 
sary for the good government of the said University : Provided, The 
same be not repugnant to the laws of this State nor of the United States. 

vacancy in Sec. 4. No vacancy in the offices of the University shall be filled, 
ailed?' ° W un'ess at the stated meeting of the Board of Trustees: Provided, 
ibil, v,Goi, §2. nevertheless, That such vacancy may be filled at any occasional meeting 
until the stated meeting of the Board of Trustees, and no longer. 

Powers of Sec. 5. The Trustees of the said University shall and may have 
Bhe Trustees. a common gea ] f or t| ie business of themselves and their successors, with 

1801, V, 404, i 4. ,., , , , ,. . . i i ii 

liberty to change or alter the same, irom time to time, as they shall 
think proper; and by their aforesaid name, they and their succes- 
sors shall and may be able to implead and be impleaded, answer and be 
answered unto, defend and be defended, in all Courts of law within this 
State; and to grant, bargain, sell or assign, any lands, tenements, here- 
ditaments, goods or chattels; and to act and do all things whatsoever, for 
the benefit of the said University, in as ample a manner as any person 
or body politic can or may by law. 



OF THE UNIVERSITY OF SOUTH CAROLINA. 237 

Sec. 6. That the square bounded by Sumter, Divine, Marion and to s J^ 8t e 
Green street?, also the square bounded by Marion, Blossom, Bull and i802.Vj4 
Divine streets,' and the half square adjoining Wade's purchase, bounded ' 

by Richardson, Divine, Sumter and Green streets, also two squares of 
ground bounded by Medium and Pendleton, Sumter and Bull streets, are 
ceded for the use of the "University to the Trustees herein provided for. 

Sec 7. That it shall be lawful for the said Trustees to enclose the two To enclose 

certain 

squares last mentioned with the squares lying next to the Southward sq uares. 
thereof in one enclosure, notwithstanding the intervening streets. lb03 ' ,iw '-" i - 

Sec. 8. The Board of Trustees of the University of South Coarolina „ Power of 

■> _ Trustees to is- 

are invested with full power and authority, in all investigations where sue subpoenas, 
they may deem it necessary to the interest of the University, by sub- ~Ts3T,yiii,373, 
poena, rule and attachment, to compel witnesses to appear and testify, ' 
and papers to be produced and read before the Board. 

Sec. 9. The Board of Trustees are also invested with full power and To dismiss 

1 officers. 

authority, whenever they may deem it essential to the interest of the n,., § n. 
University, to dismiss from office any officer of said institution. 

Sec. 10. The Trustees of the said University are hereby authorized to to receive 
receive, in behalf of the State, and to invest to the best advantage, in twos! lnTest 
their discretion, all moneys, funds and securities which may, from time 1853,XH,305,§2. 
to time, be offered for the foundation of scholarships in said University. 

Sec. 11. The head of the said University shall be styled ''The Chair- style ami 
man of the Faculty," and the masters thereof shall be styled "The Pro- Acer" 
fessors;" but Professors, while they remain such, shall never be capable 1 ^? 1 L V '4%J 
of holding the office of Trustee ; and the various Professors appointed to si :, 5 s. 
give instruction in the several schools of the University shall constitute 
a Board, to be called "The Faculty of the University of South Caro- 
lina," which Faculty shall have the power of enforcing the ordinances 
and by-laws adopted by the Trustees for the government of the pupils, 
by rewarding or censuring them, and, fiually, by suspending such of 
them as, after repeated admonitions, shall continue disobedient or refrac- 
tory, until a determination of a quorum of Trustees can be had; but 
it shall be only in the power of a quorum of Trustees, at their stated 
meeting, to expel any student of the said University. . 

Sec. 12. The Faculty are required to report the whole of their pro- suspension 
ceedings against any student who shall be suspended, together with the taon ot ? stu- 
cause of such suspension, to the Board of Trustees, at their next stated " _ __. . „ 

. . 1M1,\ ,651,2 ^' 

meeting after such suspension ; and the said Board of Trustees are au- 
thorized and empowered, upon a review of the sentence of any student, 
to restore such student to his standing in the University, if it shall 
appear to the said Board of Trustees proper to do so. 



238 OF THE UNIVERSITY OF SOUTH CAROLINA. 

^taWilh 10 Sec. 13. The Board of Trustees of The University of South Carolina 
provide "for S ' 1U " establish schools and provide for competent Professors in the follow- 

frofessors in i ng departments, to wit: 

certain de- ° 1 

partme nts. 1. A School of Ancient Languages and Literature. 

S2; D Jsjj«, im| 2. A School of Modern Languages and Literature. 

3. A School of History, Political Philosophy and Economy. 

4. A School of Rhetoric, Criticism, Elocution and English Language 
and Literature. 

5. A School of Mental and Moral Philosophy, Sacred Literature and 
Evidences of Christianity. 

6. A School of Mathematics, Civil and Military Engineering and Con- 
. struction. 

7. A School of Natural and Mechanical Philosophy and Astronomy. 

8. A School of Chemistry, Pharmacy, Mineralogy and Geology. 

9. A School of Law, with one Professor. 

10. A School of Medicine, with two Professors. 

„ „ , Sec. 14. The Board of Trustees shall take care that one of the Pro- 

One Profes- 
sor to act as fessors provided for shall be a Minister of the Gospel, who shall also be 

L>ll!iJ!)liXlll. 

^SB^xIII^i^ charged with the duties of Chaplain to the said University, under such 
regulations and with such additional salary as may be fixed by the said 
Board. 

Matriculation Sec. 15. No student shall matriculate until he shall have attained the 

and entry of ^ Tin i j> t i 

schools. _ age of fifteen years, and shall agree to enter at least three of the schools 
ib., t i. provided for: Provided, however, That in special cases the Chairman of 
the Faculty may, at his discretion, permit any applicant to take less than 
three schools. ' 

Degrees. Sec. 16. The said University shall have full and ample power to 



1805, v, 4>»4, con f er degrees on students or such other persons as may be deemed 
qualified to receive the same. 



Degrees to 



Sec. 17. The Board of Trustees of the University, on the recommenda- 
on Law e and tion " f the Chairman of the Faculty and of the Professors of the Schools 

Medical grad- f L aw all( ] Medicine, shall confer the degrees of Bachelor of Law and 
uates. 

F86G,Xlll,4i3, of Doctor of Medicine upon the graduates of the said schools, for satis- 
factory attainments in all the subjects of instruction in their respective 
schools. 

Graduates Sec. 18. The graduates of each of these schools, upon whom the said 
may practice. , rt , , ., . . . . , ... 

ii' , § u. degrees may be conferred, shall be entitled to pursue and practice their 

respective professions. 

Demonstra- Sec. 19- The Faculty have authority to license a Demonstrator of 

tor ot Anato- Anatomy and other persons of suitable attainments, character and habits, 

ii', 7. to give private instruction in aid of the public teachings in any of the 

Bchools of the University. Said licentiates shall not, without 

special have' of the Faculty, receive pupils who are not members of 

the school or schools for which they are licensed, nor give instruction on 



OF THE UNIVERSITY OF SOUTH CAROLINA. 239 

subject* not embraced in the plan of the same. The employment of the 
licentiates to be at the option of the students, and the compensation a 
matter of private arrangement. 



Residences 



Sec. 20. Each Professor hereinbefore provided for shall be allowed to f profea 
/ a house belonging to the corporation, free of rent. in.\ XIH,314, 



>oi>. 



Sei . 21. The Biiard of Trustees shall appoint a Librarian, who shall Librarian to 

be Trcusurf r 

act as Treasurer of the corporation and Secretary to the Faculty, and ana secretary 
perform such other duties and receive such salary as the Board of Trus- Ib '' i ~- 
urs may prescribe. 

Sec. 22. The Board of Trustees may, if deemed advisable, elect a Burs ar. 
Bursar, who shall hold his office upon such terms and conditions, perform Ib ->21 1 - 
such duties, and be entitled to receive such salary or compensation, as 
the said Board may prescribe. 



Sec. 2-j. The Commissioners of the Orphan House in the city of Youth from 

,-,, , i . -i i ii ii i OrpbanHouse 

Charleston are authorized and empowered to select, annually, one youth to be educat- 
from the number educated and maintained on the bounty of that in- 1811 TII 132 
stitution, for the purpose of completing his education at the University ? L 
of South Carolina, graduating and receiving the degrees conferred at the 
saiil University. 

Sec. 24. The Trustees, the Chairman, and the Professors, are directed to be al- 
to receive and cause to be educated and allowed to graduate at TheUni- a°uate ° fub- 
versity of South Carolina, the boys to be selected as provided in the pre- J ^* t t0 rules i 
ceding Section ; subject, nevertheless, to all the rules, orders and regula- lb., § 2. 
tions of the said University. 

Sec. 25. All expense incident to the education and maintenance of the ji ain t ell ance. 
said boys so to be selected, (clothing excepted,) shall be defrayed from ib., § 3. 
the amount annually appropriated by the Legislature to the said Uni- 
versity. 

Sec. 26. As the youths so chosen shall graduate, or in case of the vacancies 
death, expulsion or removal of them, or any of them, the Commissioners avships- scho1 " 
aforesaid are authorized and empowered to fill any vacancy occasioned lb., ii. 
thereby. 

Sec. 27. The sum of one hundred and forty dollars is hereby an- Appropria- 
nually appropriated for the clothing of each of the said boys while j U g. 
they remain at the said University : Provided, nevertheless, That they ib.,133, §5. 
shall not continue beyond the term "Usually allowed to candidates for the 
first degree. 



240 OF THE UNIVERSITY OF SOUTH CAROLINA. 

Free students Sec. 28. There shall be admitted to the University one student au- 

froni each J 

Co unty. nually from each County in the State, who shall be entitled to entrance 

69, xivj into as many as three of the schools, not including either the school of 
law or medicine, without the payment of tuition fees. Such student 
shall be appointed by the Governor, on the nomination of the delegation 
in the General Assembly from the County in which the students shall 
respectively reside; the nomination to be made by the delegation in ac- 

How appoint- . . " ., . , - 

I'll. cordance with such regulations as the (rovernor may prescribe: rrovi 

That every student thus appointed shall show, upon examination be 
the Faculty, the degree of proficiency required of other students for ad- 
mission into the University, and shall be otherwise admissible, according 
to the regulations governing the University. 

Salaries; Sec. 29. To each of the Professors shall be paid, from the Treasury of 
- [V ., oi the State, quarterly, an annual salary of two thousand dollars, and to 
1 the Demonstrator of Anatomy an annual salary of one thousand dollars. 

There shall also be paid to each Professor, from "the tuition fund,'' as- 
additional salary, the sum of five hundred dollars, which shall be paid at 
the expiration of the University term. If the tuition fund shall not be 
sufficient therefor, the Treasurer shall apportion the same among the 
Professors, and should there be, at the expiration of any Univer>itv 
term, a surplus of "the tuition fund,"' it shall be passed by the Treasurer 
into the University fund, to be applied, under the direction of the Trus- 
tees, to the general purposes of the University. 



Additional ^ EC- ^' ^ ne Trustees shall have authority to assign any Professor 

ities of Pro- 
. ssors. 

ib^Ta! salary. 



duties of Pro- to additional duties in any other school ox schools without additional 
fessors. 



Chairman of Sec. 31. All Professors shall be members of the Faculty of the Uni- 

Facnity. versitv; and one of the members shall be chosen, annually, by a vote of 

i-;.-., xui. .r 4, , • . „, . „ , „ ' J 

8; - 69, xiv, the faculty, to act as Chairman oi the iacultv. 

204, 1 5. - J 

Preparatory Sec. 32. The Board of Trustees shall have the authority to establish, 
school. 

rb7§& in connection with the State University, a preparatory school, under such 
rules and regulations as they may think best to adopt: Provided, That a 
course in the University -hall not be made a condition of admission into 

"N ot to rc* ' 

ceive peeuni- said school: And provided, further, That said school shall at no time re- 

ary aid from . . . 

Mate. ceive any pecuniary aid from the State. 

Tnitio n fees. Sec. 33. The tuition fees to be paid by the students in the several 
is. I :-,''xiix 3is ; schools shall be as follows: For entrance into the school of law or 
' medicine, fifty dollars, with the privilege of entering any of the other 

schools, upon the payment of fifteen dollars for each school ; for entrance 
into three or more of the other schools, fifteen dollars for each school : for 
entrance into any two of the other schools i it' a student shall enter but 
two,) twenty dollars; and for entrance into ai the Other schools 

(if a student shall enter but one,) twenty-five dollars. The tuition tees 
shall be paid into the Treasury of the University in advance, and shall 



OF I MYERSITY OF S. C. — OF THE DEAF, DUMB, &C. 241 

be set apart and known as the "tuition fund." The compensation for «™°™ p ™™ 
room rent, use of Library, and such damages to the property of the cor- rent i * e - 
poration as may be done by each student, shall be regulated by the 
Board of Trustees. 



Sec. 34. Neither the said Board of Trustees, nor the Faculty of the Distinctions 
University, shall make any distinction in the admission of students or °o lQ1 P lce 0I 
the management of the University, on account of race,- color or creed. i*m, xiv,-203, 



§ 1; Con.. Art. 



§10. 



Buildings to 



- ei :. 35. The Comptroller General is authorized and required, annually, be insured 
to insure against fire the University buildings at Columbia. 1819, vi, 139, 

J ° §15- 

Sec. 36. It shall be the duty of the Treasurer of the University, in Treasurerto 
making his returns to the Comptroller General, to make out and deliver fate returns!' 
to him, at the same time, fair duplicates thereof. Ib.,8U. 



CHAPTER XLIII. 
Of the Deaf and Dumb and the Blind. 

Shc. I 8ec. 

1. Board of Commissioners of the Deaf 6. Sum for each not to exceed $150 an- 

and Dumb and the Blind ;Cliairman ; ' nualiy. 

Secretary. 7 Indigent blind children. 

'2. Meetings; compensation. S. Power of Commissioners with refer- 

y Duties of Secretary. encc to appropriation. 

4. Powers of Board. n. To draw appropriation 

5. Appropriation for education of iudi- 10. Report of Commissioners. 

gent deaf and dumb. 

Section 1. His Excellency the Governor, the Comptroller General, Board of 
and the State Superintendent of Education, are constituted a Board, to ^Commission- 
be known by the name, style and title of the Board of Commissioners of im,xiv,609, 
the Deaf and Dumb and the Blind, and are hereby vested with the super- x,'i 7°°'' 
vision and control of the affairs and government of the South Carolina 
Institution for the Education of the Deaf and Dumb and the Blind, lo- 
cated at Cedar Springs, Spartanburg County. The Governor shall 
be ex offieia Chairman, and the State Superintendent of Education Sec- secretary, 
retary of the said Board. 



Chairman ; 



Sec. 2. The said Board of Commissioners shall meet annually, on the Meetings; 
first Monday in November, at the office of the Governor, and at such - ' Ib 610 j^ — 
other times and places as the Chairman of the Board shall direct. Said 
Board shall receive no compensation for their services. 
31 



242 OF THE DEAF AND DUMB AND THE BLIND. 

SL-Vet'irv ° f gEC - 3 - It sh:l11 be tbe Jl!t - y of the gecretai 7 of sai(1 Board to visit 
— ib^ _ the South Carolina Institution for the Education of the Deaf and Dumb 

and the Blind at least twice during each school session thereof, in order 
to notice the condition of the institution, the efficiency and faithfulness 
of the instructors and officers, and the progress of the pupils thereof, and 
i" submit to the said Board written reports of such visits. He shall be al- 
lowed actual traveling expenses incurred in making such visits, the same 
to be subject to the approval of the other members of the Board, and be 
paid from the funds appropriated for the support of the institution. 

• Powers of Sec. 4. The said Board of Commissioners shall have power to appoint* 

oa ^ d- a principal aud such teachers and officers of the institution as they shall 

deem requisite, and to fix their salaries; to establish conditions, forms 
and regulations for the admission of pupils to the institution, and to pre- 
scribe such rules and by-laws as they, in their judgment, shall deem 
necessary for the management and good government of the institution. 

Appropria- ^ Er . 5 The sum of twentv-five bundled dollars is hereby annually 

tion for edu- - J d 

cation of indi- appropriated to defrav the expenses of educating so many deaf and 
gent deaf an.l rr 1 . 1 . " . . 

aumb. dumb persons, between such ages as the Commissioners, in their discre- 

: XI 436' tion, shall indicate, (born of parents citizens of this State,' as shall 

apply to receive the benefit of this provision, and as shall ba» 

judged by the Commissioners not able to meet, out of their own means', 

all the expenses of their support and education. 

Sum for each S EC . 6. The sum which shall be allowed for the board, tuition, and all 

not 10 ex- _ * 

ceed si.50 an- incidental expenses, of one deaf and dumb person, for one year, (except 
Dually. * . ' • 1 

--,_•. xii, >;, traveling expenses, clothing and medical attendance, shall not exceed 

one hundred and fifty dollars: and, as to the expenses excepted, the 

Commissioners shall take care to place ,them upon the most economical 

scale. 

indigent Sec. 7. The said Commissioners shall be authorized, to the extent of 
,iren. one-half the appropriation made by Section 5 of this Chapter, aud 

1-17. xi. I3G,§2. ...irhjeettosame provisions, to send such to asylum, for education, such blind 
children as may be deemed appropriate objects. 

Power of Sec. 8. The whole or part of the expenses of the several applicants 
erawitorefer- sna 'l he paid, according to the opinion which the Commissioners may 
uria1;io > n apPr0 " rorm as to tne pecuniary condition of the applicants; and. in cas 
1834, ti, 514, {5. more applications than would exhaust the annual appropriation, the 

Commissioner- shall make selection according to their opinion of the 
deserts of the various applicants. 

„. , Sec. 9. The Commissioners shall have power to draw the annual 

1" draw ap- * 

71 ippropriation herein mentioned, and i<> send BO many of the deaf and 

dumb and the blind as can be supported by the annual appropriation, 
and as they shall deem proper objects of public bounty, to such asylum. 



OF THE DEAF, DUMB AND I'.J.IMI- OF HIGHWAYS. 



243 



Sec. 10. The Commissioners shall annually report to the Legislature commission?* 

an exact statement of their various proceedings during the past year, 5£ s j 

showing precisely how they disbursed the money expended, the names of 

the persons who have received the bounty, the ages and places of resi- 
dence of such persons, and information as to their progress; which state- 
ment shall be accompanied by the vouchers of all sums expended. 



TITLE XL 

OP WAYS, BEIDGES, FEEEIES, FENCES, DAMS AND DEAINS. 



Chapter XLIV. Of Highways. 

XLV. Of the Repair of Highways and Bridges. 

XLVI. Of Wafer Courses and Cuts. 

XLVII. Of Bridges, Turnpikes and Ferries. 

XLVIII. Of the State Road. 

XLIX. Of Dams and Drains. 

L. Of Fences. 



CHAPTER XLIV. 
Op Highways. 



Sec. 

1. Navigable streams declared to be high- 

ways. 

2. Special Commissioners to be appointed 

i" lay "lit roads 
3.Decisions may be reviewed; opening 

r< iads, &c. 
1. Highway surveyors to repair roads. 

5. Willi li of roads. 

6. Roads to be posted and numbered. 

7. Penalty for neglect to post and number 

roads. 

8. Gates. 



Sao. 
9. Interfering with gates. 

10. Ditches and canals across highways. 

11. Prosecution of unauthorized persons 

for altering course of roads. 

12. Discontinuing roads. 

13. Gates to be put up in roads on the isl- 

ands. 
11. Regulations respecting such gates. 
l"i. Penalty lor damaging roads 
Hi. Penalty lor obstructing roads, Ac. 
17. Performance of road duly in towns or 

villages. 



Section 1. That all streams which have been rendered, or can hereafter 
be rendered, callable of being navigated by rafts of lumber or timber, by streams" de- 

».,,, . .,, clared to be 

the removal therefrom ot accidental obstructions, and all navigable hig hways. 
water courses and cuts, are hereby declared navigable streams; and such ? i^con'^Art'. 
streams shall be common highways, and forever free, as well to the in- ^in- 
habitants of this State as to the citizens of the United States, without 
any tax or impost therefor, unless the same be expressly provided for by 
the General Assembly; and if any person shall obstruct the same, other- 
wise than as hereinafter provided, such person shall be deemed guilty of 
a nuisance, and such obstruction may be abated as other public nuisances 
are by the laws of this State. 



244 OF HIGHWAYS. 

cr°"o™\e Si °p~ ^ 1:C - -• ^' ie Boards of County Commissioners have power, and they 
pointed to lay are hereby authorized, to appoint Special Commissioners to lav out public 

out highways J l l l l 

■ -. xiv, ;so, highways in those cases where they shall be satisfied that the road 

Art. iv, \ vi; applied for is important: Provided, hoibever, That the said Commission* 

lOBieu./m ers shall have no power to open any new- road until they shall have 

Proviso. given three months' previous notice, by advertisements, in the settlement 

through which the intended road is to be opened. 

opening Sec. 3. The decisions made by said Special Commissioners mav be 

romls, Ac. j r 

mis, xiv, isf. appealed from, and reviewed in the same manner, and with like au- 
thority, as is allowed by law from the acts of the County Commissioners. 
The work so to be laid out by such Special Commissioners, or the same 
as settled on .appeal, shall be recorded, opened and worked as public 
highways of the towns, cities or Counties in which they arc respectively 
situated, in the same manner as other highways of the town, city or 
County are required by law to be recorded, opened and worked. 

Highway Sur- Sec. 4. The County Commissioners of the several Counties shall divide 

veyors; their ,.,,..... - .... . , 

duties, Ac. ;re- their Counties into highway districts, each district to contain not less 

pair roads. ^" . * - 

1825 ix. :.'.', l ' ian tcl1 mdes oi public highways, nor more than forty miles, to be con- 
13/ vus-'con' venieut for repairing highways, and may, from time to time, alter the 
A 3Brer^83 : 4 same; and they shall appoint for each highway district a Surveyor of 
3Uosici?'335 ; Highways, to superintend the expenditure of the highway tax and ■ 
J, 1 . 11 .' 1 -''!;/ ,.: l .";"' : i ( ' money appropriated for improvement of highways in his district, and to 
a Mc , 5j - x. take charge of, and keep in repair, at all times, the highways in his dis- 

& MeC, 52U; 1 & > 11) & J 

N.AMoC.,387. trict. 



roadV*"' 1 ° f '^ EC - **■ That it shall be the duty of the County Commissioners in their 

] 825, ix. :»;:!, ji. respective Counties to cause all roads heretofore laid out or hereafter to 

.pi.us, be laid out, leading directly from any part of this State to Charleston, 

Georgetown, Columbia, Camden, Hamburg or Cheraw, to be made and 

cleared thirty feet wide, and all other roads shall be cleared twenty feet 

wide. 

Roads to be Sec. 6. That each and every Surveyor of Highways shall cause all 

numbered the roads in their respective districts to be posted and numbered, and at 

xW lot'*? 1 ' eacn f° r k 0I " sa 'd roa,; l s a pointer to be placed, declaring the direction of 
such roads. And if any person or persons shall cut down, burn or de- 
face any mile post, or stone, or pointer, erected as aforesaid, he, she "or 
they, upon conviction thereof, shall forfeit and pay the sum of ten dol- 
lars, to be recovered as hereinafter directed. 

Penalty for Sec. 7. That any Surveyor of Highways neglecting to cause said roads 
Soft and num- to be posted and numbered, and to have pointers erected as aforesaid, 

"ismTxi' 2ii9 s ' ia '^ De nau ^ e to P a . v tne sum °f teu (1 °llars lor eal h and eTery such 
! i..; i-Ti, \i\, neglect, to be recovered by indictment in the Court of General Sessions 
of the County wherein the same occurs, to be paid, when collected, to 
the Board of County Commissioners of such County: Provided, That no 
Surveyor shall be liable to said penally who puis up said pointer.- at 
sucli lim>.^ a- lie works his road division. 



866, 



OF HIGHWAYS. '245 

Sec. 8. It shall be lawful for auy citizen of this State, over whose be G ^ ea m ^f, 
laud any mail may pass, other than a public highway, to erect gates private roads 
thereon, and that the persons owning or erecting such gates shall be > i.' 
liable to be indicted tor a nuisance if they tail to keep them in good uKtch.,'529. ' 
order. 

Sec. 9. In case any person or persons shall interfere with, injure, Penalty for 

.,,.,-' t . J interfering 

destroy or willfully leave open any such gates, such person or persons with. 

shall be liable to indictment as for a misdemeanor. ib.,8 2. 



Sec. 10. Any inhabitant of this State shall have power, for the Ditches ana 
purpose of draining his or her lauds, to cut a ditch or ditches, canal highways^" 38 
or canals, across any public highway in this State: Provided, Such iso6,xii,507,'.ii5 
person shall be bound to bridge such ditch or canal, under the direction Proviso, 
of the Surveyor of Highways for the district in which such ditch or 
canal shall be cut, and keep the same in good repair for one year, after 
which time the Highway Surveyor shall take charge of such ditches or 
canals and keep them open and in repair. 



Sec. 11. That it shall be the duty of the Solicitor of the Circuit in Prosecution 
which any part of the high road may have been or shall be diverted izeel persons 
from its original course, unless by authority of law, and he, the said So- C ourseofro"d 
licitor, is hereby enjoined and required, on information of any two per- 1797, IX, 379, 
sons, to commence a suit against any person or persons who may have 
altered or shall hereafter alter the road without authority, in order to 
compel the parties offending, as soon as may be, to restore, at their own 
expense, the high road in its course, as established by law. 



Sec. 12. That the Board of County Commissioners in each and every „. 

J J Discontinu- 

County shall have power to discontinue any road now established or i°e roads. 

hereafter to be established by law, after three months' public notice has '" ' ' ' l 
been given, by advertisement, in the settlement through which the road 
proposed to be discontinued passes : Provided, That no objection shall be 
made thereto. But, in case any objection should be made to the closing 
up or discontinuing of the said road, then the same shall be kept open 
and repaired until discontinued according to law. 



Sec. 13. It shall be lawful for the County Commissioners in the Gates to be 
Counties comprising James's Island, John's Island, Wadinalaw, Edisto, J^ds on ce 1 ^ 
St. Helena, Lady's Island and Hilton Head, to authorize and permit *»in islands. 
such persons as they, in their discretion, may think proper, to put up 
gates on the public roads that may pass through their grounds; such per- 
mission in every case to expire, unless renewed, at the end of two years: 
Provided, That no new gate be allowed unless, in the judgment of 
the Commissioners, the same be necessary. 



'21(5 OF HIGHWAYS. 

reslectins 13 ^ EC - ^" ^ an y P ersou shall willfully cut or destroy any gate which 
suc h gates. ma y jj e p U j; U p by the authority of the Commissioners in pursu- 
ance of the last Section, whilst the same is kept in good order, such 
person shall be fined in the sum of twenty dollars, to be recovered by 
warrant of distress under the hands of any two of the Commissioners for 
the County. And if any person shall willfully leave open any gate as 
aforesaid, such person shall be liable to be fined in the sum of twenty 
dollars, to be recovered as aforesaid. 

Penalty for Sec. 15. If any person shall willfully and maliciously destroy, injure, 

damaging . .. /»i . -. . •. . -. 

roads. or in manner hurt, damage, impair, or obstruct any of the public nign- 

jusf 1 rs 515 a 1! wa y s > or any part thereof, or any bridge, culvert, drain, ditch, causeway, 
Strob^e'i^'ii embankment, wall, toll gate, toll house, or other erection belonging 
Spear's 2 ?7 • 6 thereto, or any part thereof, the person so offending shall, upon con- 
Rich., 396. viction thereof, be imprisoned not more than three mouths nor less than 
one month, and pay a fine not exceeding five hundred dollars nor less 
than twenty dollars, at the discretion of the Court before which the con- 
viction shall take place, and shall be further liable to pay all the expense 
of repairing the same. 

Penalty for g EC . ig. Jf ail y person shall cause any obstruction to be placed in 

obstructing J r J L 

ro ads, &c. a ny part of the said highways, or on any bridge or causeway thereof, so 



1 24, IX.515, > e % 



as to obstruct or render dangerous or difficult the passage of carriages 
or other traveling thereon, and shall not immediately remove the same 
when required, he shall be deemed guilty of a nuisance, and, on convic- 
tion thereof, shall be fined in a sum not exceeding ten dollars, nor less 
than two dollars, and shall be further liable for the expenses of remov- 
ing the said nuisance. 



o^ e roa(i m duty Sec. 17. That in the event the corporators of any incorporated town 
villages' 3 an<1 or v '^ a g e * n this State shall refuse or neglect to appoint and organize the 
is<f4~xin,25i, officers required by their Act of incorporation, or refuse or neglect to 
carry out, in good faith, the obligations imposed by their Act of incorpora- 
tion, in regard to roads or streets, the County Commissioners, in whose 
County such town or village, or other incorporated body, shall be located, 
shall be authorized and required to take charge of all such roads and 
streets, together with all such road hands as may reside within the limits 
of such incorporation, and require the same performances of all residents 
within such limits as they are authorized to do within their Counties gen- 
erally. 



212, 



of Repairs of highways and bridges. 247 

CHAPTER XLV. 

Of the Repair of Highways and Bridges. 



Sbo. 

1. Highway Districts; Surveyor; duty of 

Surveyor. 
2 County Commissioners may levytaxes 

for repair of highways and bridges. 
3. Surveyor to control the payment of 



Sec. 

14. Damages, how recovered. 
15; Penalty for neglect ; County liable. 
lt>. Rate at which labor shall be valued. 
17. Persons liable to work ; commutation 
refusal ; penalty. 



taxes in labor. ' is. Working tools to be provided. 



4. Workmen subject to Surveyor's direc- 
tions. 
.". Disposition of taxes payable in labor. 
ii. Extraordinary repairs. 

7. Surveyors to repair highways ; pen- 

alty. 

8, Persons refusing to work on highways; 

penalty. 
'.i Tax payable in money, when. 
In. Disposition of taxes payable in money. 

11. Surveyor to keep account and return 

same to County Commissioners. 

12. Surveyor's bond liable, when. 

13. Persons injured on account of defi- 

ciency of roads, Ac. 



19. Fine for injury done to a road by the 

breaking of a mill dam. 

'20. Timber, &c , may he taken by Survey- 
or. Penalty for obstructing, &c. 

21 Shade trees, &c., not to be cut down, 
nor stone, &c, taken from private 
grounds. 

22. Road labor and its equivalent. 

•23. Disposition of certain penalties. 

'24. Compensation of Surveyors. 

25. Removal of persons liable to road 
duty— effect. 

20. What to be deemed a residence. 

27. Repair of bridges between Counties ; 
division of bridges ; rebuilding. 



II. 



Surveyor. 



Section 1. That the County Commissioners of the several Counties Highway 
shall divide their Counties into highway districts, each district to con- W1 xlv m 
tain not less than ten miles of public highways, nor more than forty 
miles, to be convenient for repairing highways, and may, from time to 
time, alter the same; and they shall appoint for each highway district a 
Surveyor of Highways, to superintend the expenditure of the highway 
tax and money appropriated for improvement of highways in his dis- 
trict, and to take charge of, and keep in repair, at all times, the high- 
ways in his district. Said Surveyor of Highways shall be removable at 
pleasure. He shall he responsible to the County for any damages which Duty of Sur- 
may be sustained within his district, through fault or neglect in the dis- 
charge of his duty. Said Surveyor of Highways shall give bond to the 
County, with good and sufficient sureties, to be approved by the County 
Commissioners, in double the amount of money to be expended in his 
district, for the faithful discharge of his duties. 

Sec. 2. That, for the purpose of keeping in repair highways and bridges, Coun t y com- 
the County Commissioners of each County shall, on or previous to the m ™y 8Slon ie V y 
first day of January, assess a tax of eighteen cents, if so much be neces- oaTr S o/°wgi> 
sary, on every hundred dollars of the lists of the County, to be paid in jyv 7 . 8 , ana 
money or labor, at the option of the tax payer, and laid out in repair- ib., bct, \ 2. ~~ 
ing highways and bridges; and they shall, annually, on or before the 
said first day of January, make out a tax bill for each Surveyor of 
Highways, containing the amount of the tax to be laid out by him in 
his district, with the amount of each person's tax annexed to his name, 
accompanied with a warrant, signed by the Chairman of the Board, 
authorizing such Surveyor to collect such tax; and they shall deliver 
the several tax bills to the respective Surveyors, and take their receipt 
for the same. 



248 OF REPAIRS OF HIGHWAYS AND BRIDGES. 

co S ntroi yor the ^ EC- ^' ^ e Surveyors of the several highway districts, after receiving 

payment of their several tax bills and warrants, shall proceed to give notice to the 

taxes m la- _ . . 

5°ij several persons liable to pay taxes in their districts, of the amount of 

'' ''■ ' their taxes, and of the time and place in which, and the teams, car- 
riages and tools with which, they are required to pay their taxes in 
labor; but no person shall be liable to furnish any team, carriage or 
tool of which he is not the owner, except hoes, shovels or spades. Such 
notice may be given to all "persons resident in the highway district, 
either personally or by written notice left at their usual residence; to 
non-residents by a written notice left with or at the residence of their 
tenants, agents, or persons having the care of their property ; all of 
which notices shall be at least three days, and, in case of persons re- 
siding out of the highway district, at least ten days before the time ap- 
pointed for them to commence their work; and, if such non-residents 
shall have no tenant or agent in the town, notice may be posted up in 
some public or conspicuous place in the district ; and the Surveyors shall 
make and keep a minute of the time and manner in which the notice 
shall be given. 



Workmen Sec. 4. Any person, after he has commenced working in payment of 
subject to Sur- ,.,., , ,. , . ,. , ,. . „ , ~ 

veyor's direc- his highway tax, shall be subject to the direction ot the Surveyor, as to 

~Va\il tne times when, and the place where, his taxes shall be paid and laid out 

in labor. 



Disposition Sec. 5. That at least three quarters of the highway tax in any high- 
hV' in labor.' 1 " way district, payable in labor, shall be collected and laid out between 
D>-, 2 5. the loth day of January and the 1st day of May, and the remainder be- 

tween the first day of August and the first day of October, iu each year, 
except as hereinafter provided. 



Extraordi- Sec. 6. On any extraordinary occasion, when any bridge or highway 
nary repairs. g jj a ]i j^g destroyed or impaired so as to require immediate repairs, or 
shall be obstructed so as to require immediate labor to remove the ob- 
struction, it shall be the duty of the Surveyor, forthwith, to cause the 
highway or bridge to be repaired, or the obstruction removed ; and he 
may, for that purpose, call upon and notify any inhabitants of the dis- 
trict to afford him the necessary aid, or may hire other laborers, or em- 
ploy other means to open or repair the highways and bridges; and, in 
such case, the notice shall be deemed sufficient to any person owing 
taxes, payable in the district, in order to make him liable for neglect to 
pay his taxes in money, if such notice shall be given six hours previous 
to the time when he is required to appear and labor. If any person 
shall, in such case, perform labor more than sufficient to pay the taxes 
due from him, or, if a person not indebted for taxes shall, perforin labor, 
the amount of such labor, or the balance, may be accredited to such per- 
son towards his highway tax the succeeding year. 



lb., 668, J. 



Penalty. 
"ib.TTsr 



. Repairs of highways and bridges. 249 

. 7. If, on any such occasion as specified in the preceding Section, jyu^Jf^ 
any Surveyor shall, for the space of twelve hours after application made PJJjL. J"^{i 
to him for that purpose by any citizen residing within his district, neglect *£_ 
to call upon the inhabitants of his district, or use the proper means to 
repair or open the highway or bridge which may be out of repair or 
obstructed, he shall forfeit and pay to the County Commissioners of the 
County, to be expended in repairing highways in such district, the sum 
<>t' twenty-five dollars, to be collected in the name of the County, unless 
such Surveyor shall show sufficient reason for such neglect. 

Sec. 8. If, in any such case, any inhabitant of the district whose name f U ^fn^ ons ^o 
shall be on the tax bill of such district, -whether any tax shall be due ^ays. 011 ' 1 ' 8 ' 1 " 
from him or not, shall, for the space of six hours after being called on 
or notified by the Surveyor for that purpose, without sufficient reasonj 
neglect to turn out and assist in repairing or opening such highway or 
bridge as he shall be required, he shall forfeit and pay to the County the 
sum of three dollars, to be collected and expended as provided in the 
preceding Section. 

Sec. 9. If any person against whom a Surveyor shall have a tax bill, Tax payable 
payable in labor, shall neglect, after being notified, as provided in this when. 
Chapter, to work out his tax, he shall be liable to pay his tax in money ; lh -> '<■ 9 - 
and the Surveyor shall proceed to collect the same, and shall have all 
the power the County Treasurer has by law to collect State and County 
taxes; and he shall procead in the same manner in the collection, aud 
shall have the same fees. 

Sec. 10. It shall be the duty of each Surveyor of Highways to lay Disposition 
out, in such manner as he may think beneficial, in making aud repairing abie^money 
highways in his district, all moneys collected by him in his tax bill, or ib., gio. 
received in any other way for that purpose 

Sec. 11. Each Surveyor shall keep full and regular accounts of all 

J , .... Surveyor to 

labor performed, and all moneys received and expended in his district, keep account 

out of the labor that may have been performed by any persons over and satneto coun- 

, , . , . /. i . , /-i ,, tv Conimis- 

above their taxes, aud make return of his accounts to the County Com- sioners. 
missioners, annually, in the month of November. And it shall be the lb ->i n - 
duty of each Surveyor of Highways to pay over to the County Commis- 
sioners of the Count)- any moneys which may remain in his hands unex- 
pended; and any moneys which may be so received from the Surveyor 
shall be paid over by the Couuty Commissioners to the succeeding Sur- 
veyor, to be expended in the same district. And when any persons shall 
have overpaid their taxes, in labor or otherwise, the balance shall be ac- 
credited to such persons on their taxes for the succeeding year. When 
any Surveyor of Highways shall resign or be removed from office, he 
shall also make such return to the Couuty Commissioners as required in 
this Section, and turn over all moneys, books and papers pertaining to 
his office to the County Commissioners, or to his slices or in office, as 
they may direct. 
32 



250 OF REPAIRS OF HIGHWAYS AND BRIDGES. 

iioiui uv iia°!e S ^ EC - 12. If any Surveyor shall have failed to collect the taxes con- 
tained in his tax bill, as required by law, or if he shall fail to pay over 
any moneys which he may have collected and not expended, the County 
Commissioners shall proceed against him upon his official bond. 



lb, !. 



Sec. 13. If any person receive or suffer bodily injury, or damage in 

jurcd on :ic- his property, through a defect or want of repair or sufficient railing in or 
count ofdefi- , ., ° i • , , ■ ■ 

ciency oi" upon a highway, causeway or bridge, he may recover, m an action, of 

Ui ' ' j^ — the County by law obliged to repair the same, the amount of damage sus- 
tained thereby, if such County had reasonable notice of the defect, want 
of repair, or of insufficient railing, or if the same had existed for the space 
of twenty-four hours previous to the occurrence of the injury or damage; 
but no such damage shall be recovered by a person whose carriage aud 
load thereon exceeds the weight of six tons. 

Damages— ^ EC - !"*• ^> before t' ie entry of au action provided for in the preceding 

how recover- g ec tion, the County Commissioners tender to the plaintiff the amount 

lb., § 14. which he would be entitled to recover, together with all legal costs, and 

the plaintiff does not accept the same, and does not recover upon his trial 

more than the sum so tendered, the defendant .-hall recover costs. 

Penalty tor Sec. 15. If a County neglect to repair any of the highways or bridges 
to'uiiu'iia'i.ie wn i cn , by ^ aw > li ls obliged to keep in repair, or neglect to make the same 
~ ib, 15 ~ safe and convenient, such County shall be liable to indictment and fine, 
as the Court in its discretion may order. The fine imposed in such case 
shall be certified to the Comity Commissioners by the Clerk of the Court, 
and they shall proceed to collect the same from the Surveyor or Survey- 
ors of the highway district or districts charged by this Chapter with the 
duty of superintending and keeping said highway or highways in repair ; 
the sum, when collected, shall be laid out in the repair of highways and 
bridges in the County. 

Kite at Sec. 16. Each person who shall furnish work on the highways in pay- 
siiaii be vai- ment of his highway tax, assessed by the County Commissioners, shall be 
allowed, for a good hand, at the rate of ten cents for each hour. It shall 
be the duty of the Highway Surveyor of the district to make such allow- 
ance for the unc of teams, carriages and tools, as shall be equitable ami 
just. 

Pi ons Ha- ^ EC- ^' That all able-bodied mail pi rsons between the ages of eight i n 
bletowork. and forty-five years shall lie liable, annually, to perform on the public 
highways and roads not less than three and not more than five days' 
labor, under the direction of the Highway Surveyor, of their district : 
Provided, That if any person, being warned to work upon the highways, 
shall pay to the Highway Surveyor, in the district in which he may re- 

( oiiimutu- . , , ,.,,,' in , l -11 'i ii 

linn side, the sum ol one dollar per day for each day required, the same shall 

Refnsa] be received in li< ii of such labor, and shall be applied by the said High- 

way Surveyor to the construction and repair of the highways aud roads 
'nTYii '" luc district. And 1 should any person refuse either to work on the 
highways and mads or to pay the fine imposed as a penalty for refusing 



lad. 



1'.., IB. 



OF REPAIRS OF HIGHWAYS AND BRIDGES. 2-51 

to work upon the highways and roads, according to the direction of said 
Commissioners, the said persons shall be deemed guilty of a misdemeanor, 
and, on conviction thereof, punisl imprisonment in the County jail 

he same, for a term nol exceeding thirty days. 

Sec. 18. That each Surveyor, in his respective district, is hereby au- working 
thorized to prescribe what tool or tools each hand shall furnish himself ^vided he 
with; and if any man liable to work on any road, having been regularly }' 

warned, shall fail so to be equipped, he shall forfeit and pay the sum of isto, XIV, 393,' 
tiny rents: Provided, That in all cases where it shall be shown, to the i 

ion of the Surveyor, that the person complained of was not in 
p issessi 'ii of the tool or tools required, no forfeiture shall be exacted, 
but any other suitable tool or tools shall b id in lieu there ii 

Sec. 19. That where any public road shall be injured in consequence Fine for inju- 
of the breaking of any mill dam, or by letting off water from any gate road °" e by 
or gates, it shall be the duty of the owner or owners of such mill pond mfif dam.° f * 
or clam to repair such injury, when thereunto required by the Highway i825,ix,i 
Surveyor of the district in which the injury shall happen, within a rea- 
sonable time from such notice; and, in default thereof, the owner or 
owners of such mill dam or pond shall be fiued at the discretion of the 
Court, not exceeding one hundred dollars* nor less than twen 

Sue. 20. That, the Highway Surveyors, according to their respective Timber, &c, 
districts, shall, have full power to cut down and make use of any timber, by Surveyors. 
wood, earth or stone, in or near the roads, bridges and causeways, for the 
purpose of making and repairing the same, as to them shall seem nee 
sary, making just compensation therefor, shouhl the same be demanded. 
And if any person or persons, by themselves or servants, shall, by any 
ways or means, hinder, forbid or oppose the said Surveyors, or either of 
them, their servants or workmen, from cutting down and making use of 
any timber, wood, or stone, or earth, in or near the -aid roads, bridges or 
causeways, for the purpose of making or repairing the sairie, or shall in 
any manner stop up or obstruct the passage on the said roads, bridges or J^ t " aU x" for 

causeways, by gates, ditches, fences, or any other obstructions, (except * e - 

where they are authorized by law so to do,) or shall hinder, forbid or itss.'ix 
threaten any traveler from traveling any puhlic mad. every person, for Bicn U .'(>i9. ' 
every such - -hall forfeit the sum of tiny dollars, to be recovered com'rstocoru 

by indictment at law. ' £^03°"' 

Sec. 2!. That the powers vested in the Highway Surveyor, by Section siiade trees, 
20 of this Chapter, shall not be construed to extend to authorize them cm'.io"™, °ii!u' 
to cut down any timber or trees reserved by the owner in clearing his k\?,'7rom''m-i- 
land, or planted for the purpose ofshs.de and ornament, either in the vate grounds. • 

«. 1 1 -i ,1 1 i 1 1 ii- 1 1 1826,IX,569, 23. 

lields, around the springs, or about the dwelling house and appurtenances, 
nor the cutting down any rail timber, when other timber adequate to the 
purpo- - may bi procured at or near the same place, or to take any stone 
or earth from within the grounds of any person, enclosed for cultivation, 
without tl iwner of the sa 



252 OF REPAIRS OF HIGHWAYS AND BRIDGE?. 

iin'i i"-! iq'ii'iv- Sec. 22. In all cases a man, horse, plough and cart, shall he equiva- 
alenl lent to three davs' labor; a man, wagon and two horses shall be equiva- 

1870, XIV, 398, , „ , ", , , , . „ ,, , , 

j g. lent to nve days labor; and so in proportion lor all teams and wagons 

used by and under the directions of said Highway Surveyor. 

_. ... „ Sec. 23. That all the fines, forfeitures and penalties imposed by Sec- 

Disposition of i i J 

certain penal- tions 18, 19 and 20 of this Chapter, or sums of money arising from the 
i.--.",ix,j«4 1 j 24. sa l e °f estrays, shall belong to that highway district within whose limits 
the fine, penalty or forfeiture may be imposed, or estrays sold, and con- 
stitute a fund to be applied by the Highway Surveyor to the repairs of 
the roads, bridges or causeways in such district. 



Compema- Sec. 24. Each Highway Surveyor provided for in this Chapter shall 
veyors. " receive fifteen cents per hour for the time necessarily employed in dis- 

1871, xiv, 669, charging his duties: Provided, That he shall not receive exceeding fifty 
dollars per annum, except in extraordinary cases, when the County Com- 
missioners may, in their discretion, allow a greater sum, and. in no event, 
more than seventy-five dollars. 

, , Sec. 25 Incase any person, shall remove from one County to another, 

Removal of • ' ■> 

persons liable w ] 10 has, prior to such removal, performed the whole or any part of the 

to road duty, . 

effect. labor aforesaid, or in any other way lias paid the whole or any part of 

:',;'"' x ,398 ' the amount aforesaid in lieu of such labor, and shall produce a certificate 
of the same from the Commissioners of the proper County, such certifi- 
cate shall be a complete discharge for the amount therein specified. 

What to be Sec. 2(3. For the purposes provided for under the preceding Sections 

deemed resi- , . _. , „ „ 

dence. ot tins Chapter, the residence ot any person who has a family shall he 

lb., § o. held to be where his family resides, and the residence of any other per- 

son shall he held to be where he boards, in any County in this State. 

Repair of Sec. 27. That the County Commissioners in this State are autho- 
tween*' coin- rizedand empowered to employ the ordinary road labor in the construc- 
oinirUtee^ri^ t '" u ant ^ rc P a i r of all bridges over the rivers or creeks of this State, 
buiidmg. which constitute the boundary line between Counties, if in their opinion 

l s °") I\ 562 ; 17" * 

1.-641 x'h, 181J the same shall be sufficient, and shall assess their respective Counties, 
whenever in their judgment the said ordinary road labor is insufficient. 
And where any such bridge exists or shall be hereafter built, it shall be 
the duty of the Boards adjoining to divide the same by measurement in 
the centre, and each Board shall be responsible for the good order of the 
half next adjoining the County in which it lies. And whenever it be- 
comes necessary to build a new bridge or to replace, entirely, an old one 
which has been carried away or destroyed, it shall be the duty of Ehe 
Boards of the two Counties to replace the same. 



OF WATER COURSES AND TUTS. 253 

(CHAPTER XLVI. 

Of Water Courses and Cuts. 



Sec. 

1. Power of County Commissioners over 

water courses ami cuts. 

2. To he highways and kept in repair by 

Surveyor. 

3. Surveyor to keep open for navigation. 

4. To remove logs, stumps, &c. 

5. To keep banks in repair, and above 

tide water. 

6. County Commissioners may cause new 

channels to be opened, &c. 

7. Highway Surveyors to keep in. repair 

new channels at certain points. 

8. May employ labor by contract, Ac. 



SEC 

9. Certain streams declared navigable ; 
penalty for obstructing. 

10. Owners may erect dams ; proviso. 

11. Proceeding's to remove mill dams for 

purposes of navigation. 

12. No flsh traps to be kept up near tne 

dams on any navigable streams; pen- 
alty. 

13 Penalty for obstructing navigation by 

flsh traps. 

14 Streams ordered to be made navigable 

not to be obstructed. 



Section 1. That theCountyComrnissionersof theseveralCountiesofthis C m i'g3i / n t ers 1 " 

State shall have and exercise the same powers over the navigable streams, over - 

water courses and cuts, within the limits of their respective Couuties, as Con., Art. IV, 
they have over the highways and bridges therein, except as the same are 1 uec, sso; 4 

, . ,.{. i Rich., t>8; 11 

herein modified. Rich., 253. 

Sec. 2. The said navigable streams, water courses and cuts shall be To be high- 

, , , li-i 1 , n i> tt' 1 ways and 

taken and deemed as highways, and the Surveyors of Highways ap- kept in repair 
pointed for the several highway districts shall take charge of and keep — j^= — 
the same in repair at all tirni s. * CT1 > xiv,666, 

Sec. 3. It shall be the duty of the aforesaid Surveyors of Highways g 

to see and ascertain, from time to time, that the said water courses and keep open for 

navigation. 

cuts, and the mouths or entrances thereof, are open and free to the cus- i85j,xii,5i7,2 6. 
tomary navigation, for boats drawing not more than four feet of water, 
except at such times as may be necessary to close the same for the pur- 
poses of repair or other necessary work ; but in no case shall the said 
water courses or cuts be closed so as to prevent the free passage of such 
boats for a longer period than two consecutive months, or without thirty 
days' previous notice, signed by the County Commissioners, and jiub- 
lished in at least one newspaper in the County wherein such water 
courses or cuts may be situated; and if the said water courses or cuts 
are within the limits of Charleston County, then such notice shall be 
published in at least one of the daily newspapers in the city of Charles- 
ton. 

Sec. 4. The said Surveyors shall see and provide that no logs, stumps, to remove 
shell-banks, sand-bars, marshes, mud-banks, or any other obstacle to the &<? 3 ' s amps ' 
free, safe and convenient passage of such boats at the usual time of tide, lb - 

be allowed to remain in the said water courses, or in the said cuts, so as 
to cause manifest injury or inconvenience to navigation. 



Sec. 5. They shall keep, or cause to be kept, in firm and good condition, to keep 
the banks or causeways of thesaid water courses and cuts where such banks p tlr a '"ami 
or causeways may be necessary, so that they shall be above tide-water, water. " 

and shall be free from all such breaks, sluices, or other obstacles as may lb. 

be an impediment to their uses and objects. 



254 OF watf.j: COURSES ASD CITS. 



c°" n 4y com- ^ E( , 6. That the Board of County Commissioners shall have full 

missioners ^ 

may -i . caus i e power and authority to appoint Special Commissioners who may cause to 

to be opened, p, e opened any new channel through such projecting points of □ arsh land 

ilj.Tlsua, xiv, as impede and delay the navigation of the said water courses and cuts. 

Amended by and the proprietor or owner of the said marsh land shall be entitled to 

Com'rs. such reasonable compensation for the appropriation of the said land to 

the public use as may be deemed a fair equivalent by three discreet and 

disinterested citizens, to be selected by the mutual consent of the said 

Special" Commissioners and the said proprietor or owner. 

Highway sar- Sec. 7. The said Highway Surveyors are authorized and empowered, 

veyors to n . , i *,. , , , 

keep in repair tor the better navigation or the water courses aud cuts, to make, open, 

new channels. ,. , , , • , . ,, , , 

&e. dig out, cleanse, and keep in repair new channels through such points 

I836,xii,5i7,{ 6. f marsh mud as project out, and, by forming curves or banks therein, im- 
pede the transit of such boats. 

Sec. 8. The said Surveyors are authorized and empowered to 

May employ . . , . , , . .... . 

labor by eon- keep toe said water courses and cuts m repair, and to dig out, clear, 
tract, Sec. 



lb. 



cleanse, shorten, straighten, and make navigable the same, either with 
the labor of such male inhabitants as shall be liable to work ou the pub- 
lic highways, or by contract with one or more persons, and they shall also 
have all such work done as may from time to time be expedient and ne- 
cessary for the preservation aud use of the said water courses aud cuts, 
notwithstanding such work he not designated in this Chapter. 

certain !5ec. 9. That all streams which have been rendered, or can hereafter 

eiared navi- be rendered, capable of being navigated by rafts of lumber or timber, 

Penalty for by the removal therefrom of accidental obstructions, be, and the same 

obstructing. . . . , • . , , .... . ,. , 

1^23 vi 2'9;2 : - ai ' e hereby, declared navigable streams; and it any person shall obstruct 
Hi;'xii J 'ii ' l; the same, otherwise than is hereinafter provided, such person shall be 
'■'Jjv | deemed guilty of a nuisance, and such obstruction may be abated as 
Rich., jit; ii ther public nuisances uow are by the laws of this State. 

Rich , 253. ' J 

Owners may s; K ,._ i(). That it shall be lawful for owners of lands on such streams to 

erect dams. 

Proviso. erect mill dams across the same: Provided, They shall construct, and 

'" " keep in repair, sufficient locks, or slopes, or canals, in or around such 

mill dams, to admit their free navigation for rafts of lumber and timber. 

Sue. 11. That in all cases in which mill owners shall have erected 
Proceedings 
t» remove their mill dams on such streams ant cedent to their use for tin purposes 
mill-dams for * ' 

purposes of aforesaid, at the points at which such mill dams have been or may he 
navigation. . 

yi, - ; . tjgg erected, it shall be lawful for all persons who may desire, to use such 

xin, 4,4, § i. streams for the purposes of navigation, as aforesaid, upon payment to 

such mill owner of a compensation to Lie determined by the parties 

themselves. But if the parties cannot agree, it shall be the duly of any 

neighboring Trial Justice, at the instance of any person desiring to use 

such streams, for purposes of rafting of rafts of lumber ami timber, to 

call i" hi- assistance four ueighboring freeholders, two to be selected by 

the mill owner, ami two by the applicant; and the said Trial Justice and 

freeholders shall determine the amount of compensation to be paid by 



OF WAT; . . , AND CUTS. 255 

such person desiring to use such stream, subject to the right of appeal to 

next Court of Common Pleas for the County in which the mill may 

situated: Provid< 7, That nothing herein contained shall be construed 

stend to the navigation of Big Horse Creek, above the point at which 

th waste water of Bath Mills returns to the old bed of said Creek: Pro- 
l,neverih less, Nothing herein contained shall be held or deemed to 

apply to any stream or water course within the corporate limits of the 

city of Charleston. 

Sec. 12. That it shall not be lawful for any person whomsoever, at any xoflsii traps 
time, to erect or keep up any tish trap or other device for catching fish, ^araamson 
or to fish with any net or seine within eighty yards of any dam, erected B ^S al)le 
by the order or at the expense of the State, across any stream intended 
thereby to be made navigable, in which dams there shall be left or cou- 
structed any sluice for the passage of fish: and all and every person or 
persons offending against this Section shall, for each and every offence, 
pay the sum of twelve dollars, to be recovered before any Trial Justice Penalty. 
of the County where the offence may have been committed, one-half of iH?; vi| ! 
which penalty shall go to the informer, and the other half to the support 5Bioh -> *»■ 
of the work to which the dam is attached; and all traps and other de- 
vices for catching fish, erected or kept up in violation of this Section, be, 
and the same are hereby, declared public nuisances, and may be treated 
as such. 

Ssc, 13. That if any person shall keep, put, or cause to be kept, put or penalty for 
placed by him, her or them, any fish trap, in or near any boat sluice, in nartgaSon'fy 
any of the rivers within this State, so as thereby to injure or in the least fish tra P- 

1829 VI 303 % ° 

obstruct the free navigation of said rivers, that every such person or per- 
sons so offending shall forfeit, for each and every such offence; the sum 
of one hundred dollars, for the use of the State, to be recovered by in- 
formation and proof, upon indictment in any Court of General Sessions 
in this State. 

Sec. 14. That it, shall not be lawful for any person to keep up or erect streams 6r- 
any dam, except as provided for by Section 10 of this Chapter, across made naviga- 
any river which the Legislature has ordered to be made navigable, or for obstructed, 
improving which the Legislature has made any appropriation, so as to ^aYM""'^ 21 - 
obstruct the passage of boats or rafts of timber and lumber therein ; and 
in case any dam, hereafter to be erected, shall not be immediately taken 
down and opened, when required by the County Commissioners, the same 
shall thenceforth be regarded and taken to be a public nuisance, and 
tall and may be abated as such ; and the person erecting or keeping up 
the same shall, on conviction thereof, be fined at the discretion of the 
Court, in a sum not exceeding five hundred dollars, for the use of the 
navigation of the riv.er where the said nuisance exists. 



256 



OF BRIDGES, TURNPIKES AND FERRIES. 



CHAPTER XLVII. 



Of Bridges, Turnpikes and Ferries. 



Sec. 



Bridges. 



Railing to be 
put to bridges 

1823,IX,528,i 17. 



1. Railing to be put to bridges. 

2. How bridges are lo be passed. 

3. No fire to be carried on ;t bridge. 

■1. No \v len huikling to be erected 

within fifty i • ■ • ■ t of a bridge. 

.). Vessels passing under bridges to drop 
anchor, «.V:e ; penalty. 

Turnpikes. 

r>. Where toll gates shall not be erected. 
7 How turnpikes shall be graduated. 

8. Wheels willi broad tires to pay less 

toll. 
!). One toll gate every twenty miles. 

Ferries. 

10 How re-chartered. 

li. Keepers of ferries to keep banks in or- 

d* i' 
12. Aprons to be attached to ferry flats. 
!.; slips to hi' kept in repair by owners of 

ferries 

11 Persons not to transport passengers 

within a mile of an established ferry; 

proviso 
15. Tolls remitted in certain cases 
16 Private ferries to pass exempts gratis. 

Turnpikes and Bridges. 

17. Width of turnpike roads and bridges. 
IS. Penalty for injuring. 



Sec. 
19. Penalty for obstructing. 
'JO. Ail traveling to be on the right of the 
centre. 

21. Proprietors liable to indictment for 

not keeping up their works. 

22. Penalties recovered, bow to lie applii d. 

Bridges and Ferries. 

23. Toll at bridges and ferries chartered 

sinee December 1. 1845. 

21. < iwners of bridges destroyed may es- 
tablish temporary ferries; proviso. 

2.1. Tolls to be conspicuously postc d. 

26. Fine for neglect ; disposition of fine. 

27. Persons fording noi to pay toll. 

28. Fords not to be obstructed. 

29. Penalty for compelling exempts to pay 

toll. 
::ii. instance between ferries, bow ascer- 
tained. 

General Provisions. 

31. Commissioners to be appointed tosu- 

perintend works. 
32. Work lo be examined by them; duty, 

if work is in a dangerous condition. 
S3. Oath to be taken by them. 
34. Tolls to lie paid before passing gate 
3.3. Warrant may be issued to collect tolls, 
36 Persons exempt from toll. 
;i7. Rate-of tolls; foot passengers exempt. 
i>8. Penalty for delaying passengers. 

39. Notice of application for charters. 

40, Applications for ebarters, how to be 

made; opposition, how made. 



Bridges. 

Section 1. That it shall be the duty of the owners of all toll bridges 
which have been or may hereafter be chartered by the Legislature, to 
cause to be erected a good and sufficient railing, extending twenty feet 
from the ends of all such toll bridges, on each side of the road passing 
over such toll bridge. 



How bridges Sec. 2. No person shall drive, lead, or, having charge thereof, shall 
aie o m pa 3- p erm j(. ail y carriage, animal or other thing to travel over or on any bridge 
i«27, vi, 3i4,u 4. more than ten feet long, now constructed or hereafter to be constructed 
by the authority of the Legislature, in a gait faster than a walk, nor 
shall any person having charge of any carriage, animal or thing, cause 
or permit it to stop on any such bridge. And every person so offending 
against this provision shall, on conviction thereof before any Trial Jus- 
tice of the County, pay a fine not exceeding ten dollars, nor less than 
five dollars, and shall be further liable for all damages occasioned by 
such oflence. 



No fire to be ^EC. 3. No person shall carry over, or otherwise have or place any tire 

bridge! "" a on an y wooden bridge, or bridge the superstructure whereof is of wood, 

I'-," B now constructed, or hereafter to be constructed, by the authority of the 

Legislature; and every person so offending shall, on conviction thereof 



OF BRIDGES, TURNPIKES ASH FERRIES. -" 

before a Court of competent jurisdiction, pay a fine not exceeding ten 
dollars, nor less than two dollars, and shall be liable for all damages oc- 
casioned there i v. 

Sec. 4. No person shall erect or cause to be erected, any wooden build- ^ T ° wooden 

1 .,-_,.. building in be 

ins, or other edifice not constructed of stone or brick, and not roofed with erected witli- 

tile or slate, so as not to be fire proof, within fifty feet ot the wooden a bridge. 

part of any bridge which is more than fifty feet long, constructed Il, i" '■ 

by authority of the Legislature; and if any person shall attempt 

such building or edifice, he may be prohibited from proceeding therein by 

any competent Court ; or if the same shall have been erected contrary to 

this Section, the said Court may order the same to be taken down and 

removed, and it shall be lawful for the proprietor or proprietors of the 

liridge, their officers or agents, to execute such order, under the direction 

of the Sheriff of the County, or his lawful deputy. 

Sec. 5. All vessels, boats and rafts, passing under anv bridge, shall, ,. , 

' * © - ° ' vessels pass- 

before thev come to the same, drop anchor and drag through under the j n ?, under 

J r o 6 bridges to 

same; and if any vessel, boat or raft, shall pass or attempt to pass under ( ' r °P anchor, 
any bridge without dragging as aforesaid, every such vessel, boat or raft, Penalty . 
shall forfeit the sum of fifty dollars, to be recovered by immediate seizure j lofiras' ix, 
and detention of the said vessel, boat or raft, until the payment of the Intended by 
said sum, by information being given of the same to the Circuit Court foTm toArti" 
in the County where the offence was committed; the money, when so re- tio'n. C ° astUu * 
covered, to be applied for rebuilding or keeping in repair such bridge. 

Turnpil' -. 
Sec. 6. The proprietor or proprietors of a turnpike road shall not erect Where toil 

ii- i ■ i- i i i i • i gates shall 

any toll gate across any public road now established by law, or which may notbeereBted 

hereafter be established by Act of the Legislature, and which is and c j^f«rX 1 ' 3 ° 7 ' 
shall be kept in repair by the means at the disposal of the County Com- 
missioners, according to a general law of the State. 

Sec. 7. Every turnpike road shall be so graduated as that no part of how grad- 
it shall rise above the horizon in a greater angle than three degrees, or a -'^--' „ 
rise of one foot in nineteen feet of horizontal extension. 

Sec. 8. All carriages, the tires of whose wheels are more than four wheels with 
inches broad, shall be subject to a toll on all the turnpike roads in the payees" toii!° 
State, less by twenty-five per cent, than the toll which carriages of the lb., n. 
same description having narrower tires are subject to; and all carriages, 
til.- tires of whose wheels are more than six inches broad, shall be sub- 
ject to a toll on the said roads less by fifty per cent, than the toll which 
carriages of the same description having tires less than four inches broad 
are subject to. The maximum of tolls, established by the Act granting 
the charter of a turnpike road, shall always have reference to carriages 
with tires less than four inches broad. 
33 



258 OF BRIDGES, 'JURNPIKES AND FERRIES. 

One toll gate g EC 9 p ol - every twenty miles of turn pike road completed, one 
every twenty J ' ' 

miles. toll gate may be established, with the rates of toll allowed by law. Or 

.,' o,e -,H . f ()l , everv ten m j] es f turnpike road completed, one toll gate may be 
established, with half the said rates of toll. 

Ferries. 

Howrecbar- Sec. 10. No ferry, the charter of which shall have expired, shall be 
1826 ix 569 §22. reehartered by the Legislature, unless the person or persons so applying 
shall advertise his intention of doing so, within three months previous to 
the meeting of the Legislature. to which such application shall be made, 
and at three of the most public places in the neghborhood of the said 
ferry. 



Keepers of 



Sec. 11. It .shall be the duty of every person keeping a ferry to keep 

ferries to j n good order the banks of the river or creek at such ferry. And in case 

keep banks 111 ° # ^ 

oilier^ _ of neglect, he shall be subject to a fine of three dollars for each and 

327. 4 every day of such neglect; the same to be recovered before any Trial 

1 Mcu., 15s. j us tice having competent jurisdiction. 

a nstobs Sec. 12. Each and every ferry owner or keeper in this State shall 
f ■rr'-'fl-'ts l ° P rov '^ e anc ' keep attached to each end of his ferry flat, or flats, a good 
1824,ix,51M50 and sufficient apron, or, not having such aprons, shall keep at each and 
every landing place a good and sufficient abutment, or inclined plane for 
the same; and for default or neglect in so doing he shall be fined in a 
sum not exceeding ten dollars for every three days' continuance of such 
default, to be recovered in any Court having competent jurisdiction of 
the same; one half thereof to the use of the State, and the other half to 
the informer. 



„ . Sec. 13. All persons who may have charters for any ferry, where it is 

Repair of \ J . . 

shipa _ necessary that slips should be used, shall keep the same in repair at their 

1821, i\. 515, . , 
§ 1;;. private expense. 

Sec. 14. If any person or persons, living within the space of one mile of 
Persons not J ' is 1 

to transport an y established ferry in auy part of this State shall, for any fee. toll or 

passengers J j j 1 j 

within a mile reward, whatever, transport any person, goods or cattle, from one 

of an estab- ' ' f r ' ° ' ■ 

lished ferry, side only to the other 01 that river where any such established terry 

1741.IX, 123, § 0. s j la j] k e kept, the person taking any such fee, toll or reward shall 
forfeit and pay to the proprietor of the ferry next adjacent to the 
place where such fare was taken up, treble the value of the fee, toll 
or reward given, paid or promised ; to be recovered by warrant under 
the hand and seal of one Trial Justice, any law, usage or custom to the 
Proviso contrary notwithstanding: Provided, always, That in case any passenger 
"shall be detained more than half an hour at any such ferry, then any 
persons living near such ferries may beat liberty to transport them, any- 
thing herein to the contrary notwithstanding. . 



OF BRIDGES, TURNPIKES AND FERRIES. 259 

Sec. 15. It shall not be lawful to exact from the citizens of this State, . T 9" 9 remit - 

ted in certain 
nor shall any of them be compelled to pay, any toll for crossing any cases 

ferry within the limits of this State, or fir the crossing of their horses, >,-..>. "' ' ' ' ' 

cattle or other property, at any such ferry, when the boat or boats, Hat 

or tlats, kept at said terry, is or are not used by them for said purpose. 

Sec. 16. The keepers of all private ferries, usually putting over pas- Private fer- 
sengers for hire, shall be obliged to pass over, free of charge or expense, empts gratis. 
all such persons as are by law exempted from the payment of ferriage at > H" 7 ' IX ' 43u ' 
ferries established and allowed by Act of the Legislature. 

Turnpikes and Bridges. 
Sec. 17. The bed of every turnpike road shall not be less than thirty Width of 

i - i t i i turnpike 

nor more than forty feet wide, exclusive of the ditches and grounds roads and 
shaded with trees ; except where the bed runs on the top of a causeway, lg37 V t 3 10 
more than three feet high, or is cut more than three feet deep in the solid cl -> ° '■' 
earth, in either of which cases the bed of the road shall be not less than 
twenty-four feet wide. Every bridge on a turnpike road shall be as wide 
as the bed of the road, except where the bridge shall be more than twelve 
feet long, in which case it must be at least twenty-two feet wide, and 
shall have side railing at least three feet high, or parapet walls. 

Sec. 18. If any person shall willfully or maliciously destroy, or in any penalty for 
manner hurt, damage, injure or obstruct, or shall willfully and mali- — J rl °f" 
ciously cause, or aid and assist, or counsel and advise any other person, i7ss,ix,.jii, : ii. 
tcr destroy, or in any manner to hurt, damage, injure or obstruct any 
turnpike road or bridge, now or hereafter to be constructed by the author- 
ity of the Legislature, or any causeway, culvert, drain, ditch, wall, em- 
bankment, toll house, or toll gate, of any such turnpike road or bridge, 
the person so offending, on conviction thereof, shall be imprisoned not 
more than three nor less than one month, and pay a fine not exceeding 
five hundred dollars, nor less than twenty dollars, at the discretion of the 
Court before which such conviction shall take place, and shall lie further 
liable to pay all the expenses of repairing the same. 

Sec. 19. If any person shall cause any obstruction to be placed on any Penalty for 
turnpike road, causeway or bridge now constructed, or hereafter to be con- ^° c * ,tIuctln s> 
structed, by the authority of the Legislature, so as to obstruct, or render r l s ' 27 ' VI > 313 > 
dangerous or difficult the passage of carriages, or other traveling thereon, 
or shall obstruct, or in part or in whole fill up any drain, ditch or cul- 
vert, made for the purpose of conveying water over, under, from or along- 
side of any such turnpike road, causeway or bridge, and shall not imme- 
diately remove such obstruction, when required so to do, he or she shall 
be deemed guilty of a nuisance, and on conviction thereof before a Court 
of competent jurisdiction, shall pay a fine not exceeding ten dollars nor 
less than two dollars, and shall be further liable to pay the expenses of 
removing the said nuisance. 



260 OF BRIDGES, TURHPIKES AND FERRIE.S. 

in^'to ' ™ V oli" Pec. 20. Every person, carriage, animal or other thing traveling or 
the centre of P as -> n jT r °" UI ' over an . v turnpike road, causeway or bridge now constructed , 
'S5 or hereafter to be constructed, by the authority ot the Legislature, shall 
keep entirely on the right of the centre of the said road, causeway or 
bridge, so as not to obstruct the passage of any other jierson, carriage, animal 
or thing, on the other side of the centre thereof. And every person who 
shall drive, lead, or, having charge thereof, shall permit any carriage, 
animal or other thing, to travel on such road, causeway or bridge, con- 
trary to this provision, shall, on conviction thereof before any Court of 
competent jurisdiction, pay a fine not exceeding ten dollars, nor less than 
two dollars, and be further liable for all damages occasioned thereby. 

Proprietors ^ EC- ^' '^ ne pt'ops'tetor or proprietors of every bridge or tunpike road 
aictment tor now C0I1 * truc t e d, or hereafter to be constructed, by the authority of the 
not keeping Legislature, shall be liable to indictment at common law for not keeping 

up works ° 1 o 

ib".,3i57ei.sjifa their respective works in such condition as to answer the ends of their 
creation. 

Penalties re- Sec. 22. All the penalties which may be recovered for offences against 
to be applied, owners of bridges or turnpikes shall be paid one-half to the informer 
ib.,|4. and the other half to the corporation or individual or individuals own- 

ing the works respecting which the said offences shall have been com- 
mitted. 

Bridges and Ferries. 

bridges aiui ^ EC - 23. At all ferries and bridges, chartered since the first day of 

t""r since December, 18J5, the same and no higher toll shall be demanded, 

December i, p.^j or a ]] owe( j n any wagon, buggy, barouche or other carriage, drawn 

is45, xi, 350, by a single horse, mule or other animal, than is allowed, paid or demand- 

f 23 . 

able for chairs, gigs or sulkies, any law custom or usage to the contrary 
notwithstanding. 

Owners of g EC- 24, "Where any bridge has been, or shall hereafter be, erected 

limlges de- J ° 

stroyed may over a nv river in this State, and the same has been, or shall hereafter be, 

establish tern- J 

poiary ferries destroyed or injured by freshets or otherwise, so as to be impassable, the 
i~" ' ' company or individual owning such bridge is authorized to establish a 
ferry at some convenient place within one mile of the site of the 
said bridge, and to keep the same and receive the emoluments thereof, 
not exceeding in amount of ferriage the established tolls receivable at 
said bridge, during the time the said bridge shall be rebuilding or re- 
Proviso. pairing: Provided, That the rebuilding or repairing the said bridge 
shall he begun within six months, and shall be finished within two years 
from the time the said bridge shall be destroyed or so injured ; and, dur- 
ing the time aforesaid, all other persons shall be excluded from estab- 
lishing any ferry within three miles of the site of the said bridge, ex- 
cepting from the operation of this provisipn any ferry before that time 
established by law, and, at the time of the destruction or injury of the 
said bridge, regularly kept and used: Provided, also, The company or indi- 
vidual, a the case may be, shall pay all the damages which may be sus- 



OF BRIDGES, TURNPIKES AND FERRIES. 261 

tained by any person, consequent upon the establishment of such ferry, 
to be assessed in the same manner as is established for the settlement of 
the damages done to individuals by turnpike roads passing through their 
lands. 

Sec. 25. It shall be the duty of the managers and attendants of all Toll t0 be 

public ferries and bridges, haviug the privilege by law to charge toll for fypo^ea° us " 

the passage of persons, animals and vehicles or other goods, to cause the ^~7799, IX, 396, 

rates chargeable for such passage to be posted in legible letters or char- 429.'? 22;'i869! 

1 * *• *U 1 I w U -A XIV, 209, §1. 

acters in some conspicuous place, stating tne legal amount to be paid, so 2H. & Hcc, 
as to be read for information without inconvenience, at the approach to ' al '' D ' 
such ferry or bridge. 

Sec. 26. Any neglect of the duties prescribed in the foregoing Sec- Fine fol . _ 
tion, or any toll exacted at higher rates than may be allowed by law. l ^ et > 'lisposi- 
shall, upon conviction of the parties so neglecting before any Trial Jus- ~ i7837ix, 274", 
tice, be punished with a fine of not less than than ten nor more than fifty f 3 ' 7 . IS22, ' ix' 
dollars, which fine shall be added to the funds for the maintenance of ix,' E2&°'§ i«; 
common schools in the County where such ferry or bridge may be 186 9,xiv,209,§2 
situated. 

Sec. 27. If the water at any bridge or ferry should be so low as to en- Persons fora- 

• 1 n \ ingnottopay 

able jiersons with their horses or cattle to lord the same, the proprietors ton. 
of the ferry or bridge shall not be allowed to take any toll from the per- ^ ^j? 92 ' IX ' 3o7 ' 
son or persons so fording the same. And no old accustomed ford, or the 
roads leading to or from such fords, within this State, shall be obstructed ; 
and the Surveyors of Highways in their respective highway districts are 
required to keep the roads leading to or from such old accustomed fords 
open and in good repair: Provided, Nothing herein contained shall in- 
fringe, or be construed to infringe, the charter granted to any companies 
to promote the inland navigation of this State. 

Sec. 28. No keeper of any ferry or toll bridge, or other person, shall, Fords notto 

, , , , j? -,. . be obstructed 

on any pretence whatsoever, stop up or obstruct any lording or crossing ix T~336 

place, on any river or creek within this State, with a view to compel any i- b - 
person or persons to cross over any ferry or toll bridge, uuder-the penalty 
of two dollars and fifty cents, to be recovered before the nearest Trial 
Justice, for every person or persons so prevented from passing over such 
fording or crossing place. 

Sec. 29. If the owners, keepers or proprietors of any bridges or penalty for 
ferries, shall insist on or compel, by threats or other means, or receive, the exempts UnS to 
payment of toll or ferriage from any person or persons declared to be ex- pay tc ^ * 

i f 1 pi 1 .1 1789, IX, 39b, 

empted from the payment 01 the same, such person or persons, guilty ? i<>; i,su,- ix, 
of such exaction or reception, shall be subject and liable to forfei- ix.' 520,'? 20; 
ture of not less than ten dollars, for the use of the person or persons ' ' ' 
illegally paying the. same ; to be recovered by warrant, under the hand 
and seal of any Trial Justice in this State, living in the County or 
Counties adjoining said ferry, where such exaction or illegal reception 
shall or may be made as aforesaid. 



262 OF BRIDGES, TURNPIKES AND FERRIES. 

t \\"rn ferried ^ EC ' ^. In all disputed cases whatsoever, to arise under any Act 
how ascer- f or t,) ie establishment of ferries and bridges in this State, the disfran- 

taineu. ° 

i«oo~ix,399,§ 12. chising space, whether within three or more miles, shall be admeasured, 
either by the distance by water or the approachable road, and in no case 
by a straight line, except where a travelable and practicable road exists 
in such straight line, or might be as easily made, and at as little expense 
and inconvenience to the public, as in any other course. 

General Provisions. 

commission- Sec. 31; The proprietor or proprietors of each and every bridge, 

ers to be ap- ' x J ° ' 

pointed to su- ferry or turnpike road, and the County Commissioners of the County to 

pet-intend .. J 

works. which the work is subject, shall appoint, immediately alter the comple- 

1827, VI, ir 19. t; on f £i ie ga j ( j ^vqj-j-^ an( \ before any toll or ferriage is received thereat, 
and at the expiration of every three years thereafter, three persons, who 
shall be Commissioners of the said work ; and where, the above named 
parties do not agree, or whenever the Legislature shall, by resolution or 
Act, order a new commission, the said Commissioners shall be appointed 
by the Court of Common Pleas of the County in which the whole or any 
part of the said work may be situated ; but, before such appointment 
shall be made, the Attorney General or Solicitor of the Court shall have 
notice of the day on which application for such appointments will be 
made. And in case the proprietor or proprietors shall not apply for the 
appointment of Commissioners, on or before the second day of the next 
term after such application to the Court shall become necessary, the 
Attorney General or Solicitor of the Circuit shall make application to 
the Court for such appointment, which may be made without notice to 
the proprietor or proprietors. 

Work to he Sec. 32. The Commissioners of each and every bridge, ferry and turn- 
tb em. _ pike road, shall have full power, in addition to the authority hereinbe- 

ib ,sii,oi 2,f 20. f ore g; ven them, and they, or a majority of them, are hereby required to 
Dutvifu-ork examine the works for which they may lie appointed; and in case they 
oVs'eomnuon sna 'l ^ Q ^ the said work, or any part thereof, out of repair or not in 
good order for traveling or passing, or in any way difficult or dangerous 
to be traveled or passed, it shall be the duty of the said Commissioners, 
or a majority of them, to make and publish in the nearest gazette, and 
to post up at till the places where tolls or ferriage are received, an order 
that the proprietor or proprietors shall not receive tolls for traveling 
over or passing the said bridge, ferry or turnpike road, as the case may 
lie; and after the said order shall be made and posted up as aforesaid, 
(whether published in the said gazette or not,) and until the said order 
shall be repealed, each and every toll gate of the said work shall be kept 
open, and it shall not be lawful for the proprietor or proprietors thereof 
to receive any toll or ferriage for traveling or passing over the said 
work or any part thereof; and the proprietor or proprietors, keeper or 
keepers of a ferry, during the continuance of such order respecting it, 
shall give the Same attendance thereon, ami convey all persons, horses, 
cattle and Carriages over the same, as if no such order hail been made. 
Whenever any member of the said Commission may know, of his own 



"1 BRIDGES, TURNPIKES AND FERRIES. 263 

observation, or be informed by the affidavit of any other person, taken 
Before any Trial Justice, or any member of the said ( lommission, (who, 
for that purpose, are hereby authorized to administer oaths,) that the. -aid 
works or any part thereof are out of repair or difficult or dangerous as 
aforesaid, he shall summon the other members to attend on the work 
complained of, and thereupon the sard Commissioners shall make or re- 
ject the said order, as the nature of the case may require; and it shall 
'also be the duty of the said Commissioners, on the written summons of 
the proprietor or proprietors, to attend and repeal said order, whenever 
the cause for making the same may have been removed. Whenever the 
said Commissioners may refuse to make or repeal such order, when they 
ought so to do, they may be compelled thereto by mandamus. 

Sec. 33. Each Commissioner of each and every Bridge, Ferry and ath to be 
Turnpike Road, before entering on the duties of his office, shall take and t \^ n by 
subscribe an oath ot affirmation to the following effect: "I, A. B., one of it>., t 21. 
the Commissioners of the Bridge, Ferry or Turnpike Road, (as the , 
case may be,) do solemnly swear 1 or affirm) that I will, to the best of my 
judgment and ability, faithfully and impartially discharge the duties re- 
quired of me by law, as Commissioner aforesaid/' 

Sec. 34. The tolls demandable and payable at the toll gate of any Tolls to be 
bridge, ferry or turnpike road, now constructed, or hereafter to be con- p[^}i n g bef tiie 

structed, by authority of the Legislature, shall be paid v if required, be- gate - 

fore passing the gate. The collector at a gate or ferry shall make change 
of all coins or bills offered him in payment of tolls, under the value of 
five dollars, except six and a quarter and five cent bills or coins, which 
.-hall always be paid to the collector where a less sum is due to him for 
tolls, unless the exact change shall be tendered him in the copper coin of 
the United States. 

Sec. 35. In case the toll is not paid before passing the gate of any warrant may 
turnpike road, bridge or ferry, and shall be refused or neglected to be collect tolls, 
paid immediately after, the collector may issue his distress warrant for n>., in*. 
the same, and cause it to be levied on the carriage, horse, animal, or 
other thing which his incurred the demand for toll, or any article or 
thing conveyed in such carriage, or on such horse, animal or thing, and 
the thing so distrained shall be disposed of in the same manner as goods 
under execution. 



Sec. :jij. Exemption from the pavment of toll at every bridge, ferry 

1 * • jo'. persons ex- 

aud turnpike road hereafter chartered, shall be granted to every regularly empt from 

. . . toll. 

ordained or licensed minister of the gospel; to every member of the Ib 3;0 «j ]3 . 

Legislature, going to or from its sittings; and all persons going to 
and returning from divine service; and to every person traveling in the 
performance of any civil or military duty, for which he receives no 
salary or reward; and to every person whose duty it may be made by 
law to examine the said work, with not more than oue servant, a carriage 
and two horses. In time of war or insurrection, troops, with their bag- 
gage, artillery and munitions of war. exclusively in the service of 



261 OF BRIDGES, TURNPIKES AND FERRIES. 

this State, shall pass every bridge, ferry and turnpike road, at one-half 
of the established toll or ferriage. 

B ate of t oils. Sec. 37. The rate of tolls receivable at any bridge, ferry or turnpike 
ou^'k a, 1 ' g a tc> shall be as follows, unless otherwise expressed in the Act granting 
or authorizing the charter: 

For every carriage with four wheels, for the conveyance of per- 
sons, (except stage coaches, running regularly on the road,) 

d rawn by four horses or mules 81 00 

drawn by three horses or mules 75 

drawn by two horses or mules 50 

For every other carriage with four wheels, 

drawn by six horses, oxen or mules, or more 75 

drawn by five horses, oxen or mules, or more 62] 

drawn by four horses, oxen or mules, or more 50 

drawn by three horses, oxen or mules, or more 37] 

Fur every carriage with two wheels, for the conveyance of per- 
sons, drawn by two horses or mules, or more 50 

For every carriage other than for the conveyance of persons, 

drawn by four horses or mules 50 

drawn by three horses or mules 373 

For every other carriage 25 

For every person on horseback, or leading or driving a horse or 

mule 12] 

For every led horse or mule, accompanying a person on horse- 
back 61 

For every horse or mule in drove .' 4 

For every head of cattle 3 

For every hog, sheep or goat 2 

For every animal for show, in addition to the carriage in which it 

may be conveyed 50 

For every foot passenger crossing a bridge 61 

But no foot-passenger shall be liable to pay toll for passing a turnpike 

gate. 

Foot passen- Sec. 38. That if any person or persons shall meet with unnecessary de- 
i7ssjX3!vI(^ l a 7 at an . v of tne public ferries, toll bridges or causeways established by 
law, every such person or persons may recover from the persons keeping 
such ferry, bridge or causeway, for every hour of such unnecessary de- 
lay, the sum often dollars, to be recovered, on application, from the party 
aggrieved, by warrant and execution from any neighboring Trial Justice. 

Notice of ap- Sec. 39. That no road, bridge or ferry, shall be established by 
urn for j aw ^ unless the person or persons petitioning for the same shall 
i809,ix,443,§23. have given notice to the County Commissioners in the County or 
Counties in which the said road, bridge or ferry is intended to be es- 
tablished, at least six months before the session of the Legislature, and 
.-hall bring to the Legislature a certificate of the same, Iron: the Board of 
< lounty < Jommissioners. 



OF BRIDGES, TURNPIKES, &C. — OF STATE ROAD. 265 

Sec. 10. Every application tot! I. jislature to grant a charter for fo\ PP charte rs, 
auy bridge, ferry or turnpike road, shall be by petition, in which shall „|^ e- 10 
1),' - particularly the site on which it is to lie constructed or kept, 

and shall lie enumerated all the chart' red bridg 3, ferries and turnpike 
roads within ten miles of any part bf the work so intended to be con- 
structed or kept; and in it shall be stated the public convenience which 

uires the grant; and the said petition, together with a notice that it is 

led to presenl u to the next Legislature, shall be published in some 

G i/. 't: .•, printed at the seat of government, or in the County in which 

some part of said work is intended to be constructed or kept, at least 

once in each m rath for the term of three months next preceding the 

10th in which the Legislature to which the petition is intended to be 
presented is to commence its session; and when any proprietor or pro- 
prietors of any chartered bridge, ferry or turnpike road, his, her or their 
agent, trustee or attorney, may give notice in writing to the petitioner, or how made* ' 
any on s of the petitioners, two m mths before the meeting of the Legis- , 1 ,''; T '. ) Y I ' :! -' eL 
lature to which the petition is to be presented, that the grant will be op- j*. & Mcc, 
posed, and in the said notice shall state the grounds for such opposition; 
then, and in that case, all the evidence for and against such grant shall 
b> taken on oath, an 1 in writing, before the Clerk of the Court of the 
( 'unity where is situate 1 some part of tli • work s) intended ;to be con- 
structed or kept. But before any evidence shall be so taken, the party 
offering it shall give at least ten days' notice to some one of the opposite 
party, of the time and place of taking such evidence; and whenever any 
such charter shall be granted without all the requisites of this Section 
being complied with, the said charter may be repealed by action at the 
suit of the proprietor or proprietors of any previously chartered bridge, 
ferry or turnpike road, any part of which may be situated within ten 
miles of any part of the bridge, ferry or turnpike road so illegally char- 
tered. 



CHAPTER XLVIIL 

Of the State Road. 



Sue. 
9. Order of traveling prescribed; ex- 
ceptions. - 

10. Toll. 

11. Tolls, how to be paid 
1?, Persons exempt from toll. 

13. Toll to be paid before passing; 

14. Penalty for injuring or obstructing. 

15. Penalty for obstructing. 

16. Penalty for injuring mile stones. 
17- Penalty for injuring trees planted on 

state Road. 
IS. County commissioner* to sc that , 
R i nl is kept in order; if not, bond 
to be sued on. Comptroller 

General to 
SECTION 1. That the Comptroller General of this State be authorized, lease stttte 

' Road across 

every three years, beginning on the 1st day of March, 1869: to lease the Saluda Moun- 
J * • ° ,* . tain every 

Slat.- Road, known as the Saluda Mountain Road, running from Green- three years. 

villc County, ill this State, across the Saluda Mountain, to Henderson i869'xiv'l9i?l 
34 ' 



Ski . 

1. Comptroller General to lease State 

Road across §aluda Mountain every 
three years. 

2. To require bond of lessee. 

:; Empowered to execute lease on be- 
half of State. 

i. Unlawful to make a by-path round's 
. toll gate on State Road ; penalty, 

B No road to be kept open within ten 
miles 

6. Offender liable to penalty of $500. 

7 Also to pay $500 per month. 

& Regulations as to t raveling on State 
Road ; penalty for violations. 



266 OF THE STATE ROAD. 

County, in Ninth Carolina, to the highest bidder for the term of three 
years. He shall give public notice in the newspapers of Greenville and 
the city of Columbia for thirty days, and receive sealed proposals for 
said road during that time, and shall lease said road within forty days 
thereafter. 

To require Sec. 2. He shall require a good and sufficient bond of the lessee for 
no.uU ot es- jjggpjug t.h 8 ro ad in good repair, and prescribe such other conditions 
lb , ;, 2. of the said lease as may by him be judged proper and necessary to secure 
a faithful observance of all the requirements of the said lease. 

Empowered Sec. 3. He is empowered to execute the lease iu the name of the 

lease on be- State, and to do all other acts necessary to carry into effect the foregoing 
half of Stale. • • 

,, . provisions. 

unlawful to Sec. 4. It shall not be lawful for any person to make any by-path or 

path' round a road around any of the toll gates established, or which may be estab- 

State g Koa<J. " lished, on said road, for the purpose of eluding the payment of toll at 

sail! gates. And any person who may make such by-path or road for 

Penalty. tne P ur P ose of eluding toll shall forfeit and pay a sum nut exceeding 

i-i;,xi,:ii.-., 5 1. fifty dollars, to be recovered by action in any Court of competent 

jurisdiction, to the use of the road. 

Noroad tohe g EC g j f s ] i; .j[ ], e unlawful for any person In open or keep open any 
nines' 1 U " roa< ^ or thoroughfare within ten miles of the said road for the purpose of 
is4i,xv6i, ■; l. diverting travel or transportation therefrom. 

Offender lia- Sec. 6 Every person offending against the provisions of Section 5 of 

o\ 4500!" "" lty this Chapter shall be liable as for a misdemeanor, in any Court of com- 

" ib., § -2. ' ~ petent jurisdiction, and shall, on conviction, forfeit and pay a penalty of 

five hundred dollars, one-half to the informer and the other half to the 

use of the State. 

Also to pay Sec. 7. The party so offending or persisting to offend against the 
■■'"' ! ' :l '""""' ; provisions of the said fifth Section shall be liable to forfeit and pay five 

lb., §.•!.' _ . 

hundred dollar's per month as long as he shall continue to offend against 
the same; said penalty to be recovered and to enure as hereinbefore 
directed. 

Regulations Sec. 8. On the said road, road wagons drawn by four or more ho 
lug on state mules or oxen, shall be required to keep on the timbered ways, where 
the road is timbered, unless it shall be necessary for them to leave these 
ways for the purpose of passing Other vehicles, or avoiding broken 
places; and this regulation shall be posted up at every loll gate, 
and communicated to the driver of every snob wagon, by every toll col- 
lector who shall receive toll from sucli driver; and in every case of the 

Penalty ior violation of this regulation, the toll collector at either of the gates I" 
L883,vi,498, 8. tween which the violation took place may proceed to collect ten times 
the toll which the said wagon may be liable to pay lor passing at his 



OF THE M A.TE ROAD. 267 

Sec. 9. la (raveling on every part of the said road, the following 2jjJfI oftmv " 
order shall he preserved, to wit: All carriages of burtHen, or for any 

ol her use, shall keep on the right side of the centre of the road, so as 
imt to interfere with carriages traveling on the other side, except in the 
following cases, to wit: Where the centre of the road is timbered less 
than fourteen feet wide, the following order shall be observed, to wit: 
the centre or timbered part of the road may be kept — 

1. By loaded wagons traveling towards the mountains, excluding all Exceptions. 
others therefrom ; im,JX,5i9j 13. 

2. All descending loaded wagons and carriages may keep the side of 
the road next to the mountain and furthest from the valley. 

Sec. 10. The rates of toll to be paid at each srate 011 the said road _ ,, , 

1 b Toll— horse 

shall be the same as heretofore fixed by the Superintendent of Public carts. 
Works: Provided, That there shall be paid for cattle two cents, and for i829,vi,3Si',g2a! 
hogs one cent per head, and the toll exacted 0:1 single horse carts, at 
each toll gate, shall be fifteen cents, and no more. 

Sec. 1 1. Each collector shall make change of all bills and coins collector to 
under five dollars, tendered in payment of toll, except for six and a ^ ke cb:ir ^''> 
quarter and five cent bills or pieces of coin, which shall always be paid i8287vi]3(is7§ 3". 
by the traveler when a less sum may be due by him to the collector. 

• 
Sec. 12. The following exemptions from tolls, and no others, shall be person ex. 
granted at each toll gate on the said road, that is to say: ton' 

1. The army of this State, of our sister States, and of the United hsMX.sit, s. 
States, while marching on duty in time of war, together with their horses, 

teams, and carriages loaded with provisions, baggage and munitions of 
war. 

2. Every minister of the Gospel, engaged in the duties of his calling. 
:!. Members of the Legislature, in going to and returning from the 

Legislature. 

4. Grand and Tetit Jurors, in going to and returning from Court. 

5. Every person traveling in the performance of any civil or mil- 
itary duty, who receives no salary, emolument or reward therefor, 
with not more than one servant, and a carriage and two horses'. 

1;. Such persons as may be appointed by the Legislature, to inspect 
the said road, or perform any duty thereon, their servants, horses and 
1 arriages. 

7. Every person resident within five miles of the said toll gate, when 
traveling not more than five miles therefrom, with their servants, horses, 
eattle and carriages. 

Sec 13. No person, horse, hog, cattle, nor carriage, nor other articles Toll t0 lle 
chargeable with toll for passing any toll gate on the said road, shall pass pJSfi n g! >efo * e 
the same until the toll is paid. And in ease the same shall have passed lb., 548, § 11. 
the gate before such payment, and the person liable to pay the same 
shall neglect or refuse so to do, it shall be lawful for the person entitled 



268 OP THE STATE ROAD. 

to receive the said loll to issue his distress warrant therefor, and to 
cause any of the said horses, hogs, cattle, carriages, or other articles, or 
any article loaded thereon, sufficient for the said payment, to be dis- 
trained for payment thereof; and the article or articles so distrained 
shall be disposed of in the same manner as goods under execution. 



Penalty for 



Sec. 14. If any person shall willfully and maliciously destroy, injure, 
injuring" or or'in any manner hurt, damage, impair or obstruct any of the said road, 

obstructing. ' , • , , ,. 

~~ii>~545, \\. or an . v P ai 't thereof, or any bridge, culvert, drain, ditch, causeway, em- 
bankment, wall, toll gate, toll house, or other erection belonging to the 
said road, or any part thereof, the person so offending shall, on convic- 
tion thereof, be imprisoned not more than three months nor less than one 
month, and pay a line not exceeding five hundred dollars nor less than 
twenty dollars, at the discretion of the Court before which the conviction 
shall take place, and shall be further liable to pay all the expense of re- 
pairing the same. 



Penalty for 



Sec. 15. It' any person shall cause any obstruction to be placed in any 
obstructing p ar( , f the said road, or on any bridge or causeway thereof, so as to ob- 
ib.T^i struct or render dangerous or difficult the passage of carriages or other 
traveling thereon, and shall not immediately remove the same when re- 
quired, he shall be deemed guilty of a nuisance, and, on conviction 
thereof, shall be fined in'a sum not exceeding ten dollars, nor less than 
two dollars, and shall be further liable for the expenses of removing: the 
said nuisance. 

Penalty for Sec. 16. If any person shall break down, deface, or otherwise injure 
injuring mile- ., , „ . . ,. . . , ' . 

stonesr any mile stone or other nxture to mark the instance on the said road, 

1328,1 [,3T0,J li. f or everv m ;i e jtoue or fixture so broken down, defaced or injured, he or 
she shall pay a fine not exceeding twelve dollars, nor less than live dol- 
lars, to be recovered before any Trial Justice of th : Coi ty where such 
off be committed. The fin ted under this and the] 

ceding clause shall be paid, one-half to the informer, (a»d such informer 
shall be a competent witness to prove such offence,) and the other half to 
the lessee of the n 

Penalty for Sec 17. If any person shall cut down or otherwise destroy any trees 
'~i ""affl jio ~ growing, or hereafter to be planted by the lessee, or by his direction or 
permission within the limits vested in the State for the road aforesaid, 
such person, for every tree so cut down or destroyi d, shall pay a line not 
exceeding twelve dollars, nor less than five dollars, to be recovered be- 
fore any Trial Justice of the County where such offence may be com- 
mitted. 

County Com- 

l"r Viro'iol'i Sl:i '' 1,S - It shall be the duty of the County Commissioners through 
■ j . ■'"■' l i r '"not whose Counties the *tate road passes, to see that the same is kept, in good 
bond to hu traveling order and condition at all times during the lease thereof, and 

Sued on. o a • 

i 53,XII,412,§2. if it is not, they shall report the tact to the Comptroller General, who 



OF T1I1C STATE ROAD — OF DAMS AND DRAINS. 



2G9 



shall cause to be put in suit the bond, of the lessee or lessees, and shall 
take other proceedings against him or them n< he shall deem necessary 
and proper. 



CHAPTER XLIX. 
Of Dams and Drains." 



Sko. 
1. No dams allowed to be erected or 

water let off to the injury of other 

persons. 
•1. Dams to he opened by 10th of March; 

penalty-. 

3. Mode of obtaining redress if the dams 

are not opened at the proper time; 
proviso-; 

4. Redress for obstructing surplus water 
on rice grounds. 

Penalty on persons replacing obstruc- 
tions and opposing the opening of 
dams. 



5. 



Sec. 
(i. Inadequate dams to be strengthened; 
■ lams to have waste ways; penally for 
neglect or omission; proviso. 

7. Residents only to he summoned to 

survey rice lands; compensation; 
penalty for non-attendance. 

8. Penalty on Trial Justice for neglect 

Of duty in relation to dams and 
drains. 

9. Persons not to keep water on others' 

lands. 



Section 1. That no person or persons shall be permitted or allowed s a&ms to 
"to make or keep up any dams or banks to stop the course of any wa ter let off 
waters so as to overflow the lands of any other person, without the con- tbers? Uiy ° 
sent of such person first had and obtained ; nor shall any person or per- i.744,iif,(S09,§ i. 

1 , . . 1783,IV 640, § l. 

sons be permitted or allowed to let off any reserved water, to injure the 
crops upon the grounds of other persons. 

Sec. 2. Every person who shall keep water during the winter upon b 

grounds on which rice shall be planted the ensuing spring, shall, on the opened t>y the 

e 1 o 1 »' lOtb ol March. 

tenth day of March in each year, open the dams which keep up the 
water, in a sufficient manner for letting off the same; and if any person 
or persons shall neglect so to do on or before the time aforesaid, he or she 
shall forfeit and pay the sum of five hundred dollars for every such neg- 
lect, to be recovered upon the complaint of any person or persons through 
whose lands such water may pass, and it shall and may be lawful for 
such person to sue for the same, in any Court of competent jurisdiction 1786.1v 722T1! 
in the County where such offence is committed, aud the one-half thereof 
shall be paid to the informer, and the other half to the use of the poor 
of such County. 



Sec. 3. Where any person has neglected to open his or her dams 

„. • ,. i • ? ,,. , i , ,. Mode of ob - 

m a suincieut manner for letting the water oil the grounds before taining re- 

i-ii , . „ , r . . . dress if dams 

described, on or before the tenth day of March in every year, in manner are not open- 
aforesaid, it shall and may be lawful for any person who may be affected tune. 



* Nots.— For drainage of inland swamps, see Title XIII, Chap. LXVI, " Of Draining 
Corporations." 



270 OF DAMS AND DRAINS. 

thereby, at any time after the day aforesaid in every year, either by him- 
self or herself, or his or her overseer, agent, attorney, or trustee, to apply 
to any Trial Justice in the County for a warrant of survey, who shall 
thereupon notify the defendant of the complaint made against him, with 
the time and place of meeting, and summon three freeholders, disinter- 
ested persons, of the neighborhood where the cause of complaint shall 
lie, one of whom shall be chosen by the defendant, and, in case of 
his refusal, then by the Trial Justice, another by the complainant, and 
the third by the Trial Justice, who (being first sworn before such Trial 
Justice to determine the matter in dispute justly and impartially) shall 
forthwith proceed to view the obstructions complained of, and if, on view 
thereof, the said freeholders, or a majority of them, shall be of opinion 
that such obstructions do or may prevent the party complaining from 
planting his or her crop of rice in proper time, then and in such case it 
shall and may be lawful for the said freeholders, or a majority of them, 
to cause the same to be immediately opened or removed in anyway or 
manner they shall think necessary for the purpose of giving the most 
Proviso. effectual relief to the party complaining, whereupon the defendant shall 



1744,111,609, §3j be obliged to pay all expenses attending such survey: Provided, always, 

That nothing herein contained shall extend, or be construed to extend, 
(o impose any penalty on any person or persons, or lo cause his or her 
dams or banks to be opened, who shall have made through his or her 
own lauds a sufficient drain or drains (of which the said freeholders 
shall be the judges) to carry off the waters passing through the same in 
as expeditious a manner as they could have passed through the natural 
(•nurse or channel in case no such banks had been erected. 

Heiress for Sec. 4. It shall and may be lawful for any person, at any time be- 

obstructing 
surplus wa- tweeu the tenth day oi March and the first day oi JNovember m every 
tera on riee , . „ ... „ „ , 

grounds. year, to apply in manner aforesaid for a warrant of survey on any ob- 

L7S6,lV,723, § 3. s { ruc tions which he or she may conceive do impede the conveying flS 

any surplus water on his or her rice grounds, and which, by remaining 
thereon, may prove any way injurious, or shall, at any time hereafter, 
make or keep up any dam or dams which shall stop the course jif any 
water so as to overflow the lands of any other person or persons what- 
ever, without the consent of such person or persons first had and ob- 
tained, and which shall be injurious to the said person or persons, then, 
in either of such cases, the said Trial Justice and the freeholders by him 
appointed shall proceed in the same manner as is directed in the fore- 
going Section: Provided, always, That if, in either of the cases last men- 
tioned, the defendant shall neglect or refuse to attend at the survey to 
choose a freeholder as aforesaid, then the three freeholders who shall 
have been summoned by a Trial Justice shall proceed to determine the 
matter in dispute in the same manner as if the defendant had been 
present, and had chosen a freeholder; which said freeholders shall, in 
both cases, certify to the said Trial Justice, under their hands, what 
. il have been by them done in the premises; the expenses attending 
which survey shall be paid by the party against whom the award of the 
Said freeholders -hall be given. 



OF DAMS VXD DRAINS. 271 

Sec. 5. If any person, either by himself or herself, or his or her over- p ^|"*g ty °£ 
seer, agent, trustee, or attorney, or servant, or any other person or per- pl s u t i.' l " c r[ irm ^ b ' 
sons acting for him or her, shall presume to stop up any dam or dams, or and opposing 

1 sr r j opening ot 

replace any obstructions, in any manner whatsoever, which has or have dams, 
been ordered to be opened or removed by any freeholders as aforesaid, "' " ' 
or which has or have been opened or removed by himself or herself, or 
his or her overseer, agent, attorney, or trustee, or by order of either of 
them, on the said tenth day of March, until the tenth of July, every 
person so offending shall forfeit and pay the sum of one thousand dol- 
lars, to be recovered and disposed of in manner as aforesaid ; and if any 
person shall presume to obstruct, impede, or otherwise hinder or inter- 
rupt the opening of any dam or dams, or the removing of any obstruc- 
tions ordered to be opened or removed by the freeholders as aforesaid, 
every pers in so offending shall forfeit and pay for every such offence the 
sum of two thousand five hundred dollars, to be recovered and disposed 
of in manner aforesaid. 

Sec. 8. Where any dam or dams have been made, or shall hereafter be inadequate 
made, for the purpose of forming reservoirs of water, without a sufficient strengthened; 
wasteway, and which now are, or shall hereafter be found, inadequate to waste way's, 
sustain the weight of water against the same, the owner of such dam or 
dams shall immediately, or as soon as may be, cause the same to be en- 
larged and strengthened, where they are already made and are insuffi- 
cient, and such as may hereafter be made, to be erected in a substantial 
manner, with a sufficient wasteway: and if any person shall neglect to 
Strengthen his or her dam or dams already erected for the purpose afore- 
said, where necessary, or shall hereafter erect any dam or dam? for the Penalty for 
purp a bresaid, and winch ;du either case) in the opinion of three free- oanssion. 
hoi lers, or a majority of them, (to be appointed and proceed in manner 
hereinbefor i mentioned respecting surveys of dams across rice grounds,) 
: are not made and regulated in manner hereby prescribed, every 
person so offending shall, on complaint of any person or persons liable 
to be affected thereby, and on conviction thereof in any Court of record 
in the. County where such offence is committed, forfeit and pay the sum 
of five hundred dollars for every such offence, which may be sued for, 
and, if recovered, be disposed of in manner aforesaid : Provided always, IOY '^ gi._ 

si'., y Oj I j i i 

vertheless, That nothing herein contained shall extend, or be construed ni,6io, 53. 
to extend, to subject any persons who have made or shall make any banks 
or dams to reserve water, to pay any damages which may be sustained by 
the breaking of the said banks or dams when it is occasioned by such 
violent rains and Hoods as would have caused such damages to be sus- 
tained on the lands in question, though no such bank or dam had been 
made, whereof the freeholders aforesaid shall be the judges ; anything , 

herein to the contrary notwithstanding. 

Sec. 7. Every person to be summoned as aforesaid shall be a resident Residents 
in the County and neighborhood where his attendance shall be required, " nly 11 to cl '.",', 
and upon being duly summoned, and attending any survey as afore- survey rice 
I, shall be entitled to receive the sum of one dollar and fifty cents per 



-i "2 OF DAM- AND DRAINS — OF FENCES. 

day, each, and five cents mileage going to and returning from the place 
of meeting, for every such attendance, to he paid by the person against 

whom the verdict of the freeholders shall be given; and in case of the 
non-attendance of any person, a resident, and summoned as aforesaid, 

Penalty for • ' 

non-attemi-. (unless prevented by sickuess, or some reasonable excuse to be made upon 

•i78B i'v 7-24, § 6. o-^t' 1 l0 the satisfaction of such magistrate,) then, and in such case, every 

corn'ratoraS sucn person so neglecting to attend when summoned as aforesaid, and 

xi'v* 399 s'ii'"' without such sufficient excuse as aforesaid, shall forfeit and pay the sum 

of fifty dollars per day for every such neglect or refusal. 



Penalty on Sec. 8. In case any Trial Justice shall neglect or refuse to put the 
neglect oi provisions of this Chapter in execution, he shall forfeit the sum of twenty 
, " t', t «■■■ — r dollars, which penalty shall and may be sued for and recovered by action 

1 1 11,111, BIO, - i. l ^ 

in any Court of record in this State, and shall be applied one half to the 
Suite, to be disposad of by the General Assembly, and the other half to 
him or them who will infirm and sue for the same. 



oh .m-'/Iv i'r'1'i- '"""''• ''• Nothing contained herein shall be construed to authorize any 
on others person or pels. 'lis to keep water at any time on any lands other than his, 
lT'.'H, v735jTYT: her or their own. 



CHAPTER L. 



Of Fences. 



Sue. 

1. What are lawful fences; when naviga- 

ble si ream is lawful enclosure. 

2. Horses, &c . breaking through lawful 

fence may be seized ; owners fined. 
Otherwise, if fence be unlawful. 



8ko. 

3. Penalty for injuring animals tr 

ing. "where a fence is not lawful 

4. Provisions not applicable t<> certain 

islands ; fences not required on said 
islands. 



What are taw- Section 1. That all fences closely a/id strongly made of rails, boards, 

ful fences. or p 03 tg an( J Y a\U, or of an embankment of earth capped with rails or 

timber of any sort, or live hedges, five feet in height, measured from the 

level or surface of the earth, shall be taken and deemed to be lawful 

When navi- fences; and every planter shall be bound to keep such lawful fence 

?* lawfiU 6 *™ around his cultivated grounds, excepl where some navigable stream or 

'''""""• deep water course shall be a boundary of such cultivated grounds, iu 

1691, 81, 1I,§1; * J 

1712, ii, 591, ?2 which case such navigable stream or water course shall be deemed a 
' sufficieut fence: Provided, always, That before he avails himself of the 
provisions of this Section, be shall apply to a Trial Justice of the County, 
who shall, from the names of seven freeholders of the vicinage, draw, by 
lot, three, who are hereby required to view the premises, and pronounce 
upon the sufficiency <A' the said water as an inclosure, according to the 
true intent and meaning of this Section. 



OF FENCES. 273 

Sec. 2. If any horses, mules, cattle, hogs, sheep or goats, shall break into ifwws, & c ., 

J ' o ' r a > breaking in, 

or be found in any field, in which shall be growing, or ungathered. any maybeseizeci 

, ■> ' a , ° ° J if fenccis l.iw- 

grain, cotton or vegetable production, raised for market or domestic con- &}• 

sumption, the said field being inclosed with a lawful lence according to isiii'.'xiiT, til", 
the provisions of this Chapter, it shall be lawful for the owner of such ioRich., 227. 
field to seize such horses, mules, cattle, hogs, sheep or goats, and to keep 1 

them in confinement until he shall have notified, within six hours after 
such seizure, the owner, or his or her agent, who shall be bound to pay 
to the owner of such field all damages whsch he or she may have sus- f^ce 6 ™^* un- 
tamed thereby; but if it should appear that the fence inclosing such field lawful - ^ 
is not a lawful fence, then the verdict shall be for the defendant. 

Sec 3. If any person whose fields are not inclosed by a lawful fence p .. , 

shall kill, wound, maim, chase, worry, or in any manner iniure, any injuring »«•- 

. . * mala trespass - 

horses, mules, cattle, hogs, sheep or goats, which shall be found in such in " where 

' ' . fence is not 

field, whether cultivated or not, or shall cause or procure the same to be lawful . 



done by any other person, such person, so offending, shall be liable to an lb2 '' ' 3 ' i -' i • 
action, and the plaintiff shall recover full satisfaction for the injury, 
with costs, if the verdict exceed four dollars. 

Provisions 

Sec. 4. The foregoing Sections of this Chapter shall not apply to the "ppt appiica- 

" ° x 1 i J D ] e t certain 

Islands of Edisto, Wadmalaw, John's Island and James's Island, and islan ds. 

feuces shall not be required to be kept around cultivated grounds on the g^''^ 111, 4l4 ' 
said islands. 



:;., 



274 



OF THE INSPECTION AND SALE OF PROVISIONS, &C. 



TITLE XII. 

OF THE REGULATION OF TRADE IN CERTAIN CASES. 



Chapter LI. Of the Inspection and Sale of Provisions and other Mi r- 

\dise. 

LII. Of Auctions and Vendues. 

LIII. Of Weights and Measures. 

LIV. Of Shipping and Pilotage. 

LV. Of Money, Bills of Exchange, and Promissory Xotes, 
LVI. Of Agencj. 
LVII. Of Limited Partnerships. 
LVIII. Of the Inspection of Timber and Lumber. 
LIX. Of Neat Cattle. 
LX. Of Common Carriers. 



CHAPTER LI. 



Of the Inspection and Sale of Provisions and other Mer- 
chandise. 



Sec. 



i btton. 



&e., allowed. 



1. No deduction iu tare. 

2. Kates of storage. 

Flour. 

3. City Council of Charleston to appoint 

Inspector of; term of office, &c. 

4. Flour, &c , to be inspected before sale. 

Not to apply to flour, &c, for export. 
i. Regulations as to barrels, &c 
(i To contain what quantity, Ac. 

7. Manner of inspecting; branding ; de- 

signation of brands. 

8. Inspector's fees. 

9. Penalty for offering for sale flour, &c. 

not inspected. 

10. For altering brands, &c. 

11. For interfering witli Inspector. 

1_\ For Inspector's purchasing for sale. 

13. Inspector may appoint deputy, when. 

14. To take oath, Ac. 

15. Disposition of fines, &c. 

16. Flour, &c, in transit, not subject to 

Inspection. 

Oram- 

17. Tolls allowed for grinding. 

is Penalty for taking more than allowed. 

19. City cduncil of Charleston to regulate 

sale of. 

Naval Stores. 

20. City Council of Charleston to appoint 

Inspectors of. 



Sec 
•21. 



26. 



Inspectors to give bond, ftc. 

To examine crude turpentine, &c. 

To weigh, search, try and brand. 

Fees allowed ; to have lien for. 

Penalty for altering brands, Ac, and 
interfering with Inspector; Inspec- 
tor not to purchase, &a. 

Weight of barrel of crude turpentine ; 
quantity of tar to a barrel. 

Pitch, (fee, in Casks and Barrels. 



27. Casks and barrels to be branded, &c. 

Penalty for failure. 

28. Penalty for exporting without brands, 

&C. 

29. Barrels may be opened by purchasers 

where fraud is suspected, &c. 

30. To be done at their risk, &c. 

Pork and Beef. 

31. Barrels to contain and weigh what ; 

how to be packed. 

32. Penalty for killing cattle for packing 

not previously penned t welve bonis. 

33. Barrel- bo be made of seasoned white 

or water oak. 

Rice. 

34. Fraudulent mixtures t" be forfeited 

to State. How examined. 

35. Proceedings in case sellers do not 

nominate arbitrators. 

Staves and Bhingltt. 

36. size of pipe staves, &c. 



OF THE INSPECTION AND SALE OF PROVISIONS, &C. 275 

Cotton. 

Section 1. That the custom of making a deduction from the actual No deduction 
weight of Wtles of unmanufactured cotton, as an allowance for tare or allowed.' "' 
draft thereon, is abolished ; and all contracts made in relation to such ,'j 1846 ' XI > 368 > 
cotton shall be deemed and taken as referring to the true and actual 
weight thereof, without deduction for any such tare or draft. 



Sec. 2. That the rates of storage of cotton shall not exceed twelve Rate of si. >r- 
aud a half cents per week, for each bale of cotton. 



1805, vn, 121, 



Flour. 



Sec. 3. That the City Council of Charleston shall, on or before the City council 
twenty-fifth day of December, A. D. 1872, and on or before the same day to appoint in- 
in every second year thereafter, appoint a competent person as Inspector term of office,' 
of Flour for the City of Charleston, who shall hold his office for two .„-„ — .... „ 

J lboO, All, 0, 

years, and who shall give bond to the State of South Carolina, with good |*> i| 5t > xll > 
security, to be approved by the City Council of Charleston, in the penal 
sum of two thousand dollars, conditioned for the faithful discharge of the 
duties of the said office. 



Sec. 4. It shall not be lawful to sell in the City of Charleston, any Flour, &c, 
barrel, half-barrel, or bag of flour or meal, of wheat, rye or corn, unless cd before sale" 
the same shall have been first submitted to the view and examination of i860, xn, s, §i. 
the Inspector of the aforesaid city, and by him examined in some lot, 
street or warehouse, open and accessible to all jiersous: Provided, how- 
ever, That flour of wheat, rye or corn, manufactured in the city of Charles- . N °i to apply 

J J to flour, *c, 

ton for export to any other port or ports beyond the limits of the State, for expor t, 
shall not be liable to inspection in the said city of Charleston. 1 1. ' 10? ' 



Sec. 5. Each and every cask or barrel containing flour or meal of Regulations 
, ii- t* i • i • n y-,i i as to barrels, 

wheat, rye or corn, brought into, or manufactured in the city or Charles- &c. 

ton, for sale, shall be well made, of -good seasoned materials, and suffi- lim ' xll > s <i' 2 - 

ciently hooped and nailed, and all casks or barrels not made as aforesaid, 

ami not in merchantable condition, but capable of being made so at a 

reasonable expense, the said Inspector shall cause to be repaired, and put 

in merchantable condition, at the expense of the owner thereof. 



Sec. 6. Each and every barrel submitted for inspection, as aforesaid, To contam 
slall contain such quantity of flour or meal as upon inspection shall be t , y h &c. quantl " 
found to be of the net weight of one hundred and ninety-six pounds; lb., $ ~3. 
and each and every half barrel shall contain such quantity as shall be 
of the net weight of ninety-eight pounds ; and all barrels or half barrels 
containing a less quantity than as aforesaid, the said Inspector shall cause 
to be made of full weight, at the expense of the owners thereof. 



XIII, 432. 



276 OF THE INSPECTION AND SALE OF PROVISIONS, &C. 

inspecting?.' ^ EC - "■ Every cask or bag of flour or meal, submitted to the view and 
!'i'.-n'ui"n ; 'of examination of the Inspector as aforesaid, shall by him be searched and 

'" ;, '" ,s tried, by boring on the head and piercing it through with an instrument 

\1r.-47. i';i86ts; by him to be provided ; and lie shall, afterwards, plug the sSme with soft 
seas med wood, to prevent the entrance of water therein : and, if the In- 
spector shall judge the same to be. merchantable, he shall brand every 
such cask or bag with the word "Charleston," and shall brand the de- 
grees of fineness of which he shall, on inspection, determine the said 
flour or meal to be, in letters of half an inch in length, which degree 
shall be distinguished as follows, to wit: " Family," " Extra." "Super," 
"Fine," " First Middlings," or "Second Middlings," - Ship Stuff." " First 
Rye," "Second Eye," "First Corn," or "Second Corn," as the case may 
be ; but if, on examination, it proves unsound, then he shall mark the 
cask or bag with the Broad Arrow. 



fees 



inspector's g EC g. The Inspector shall be allowed not more than two and a half 
i ■-■ . XII, 316, cents per -package for inspecting, which shall be paid by the owner thereof, 

I 1; 1850, XII, , . ° I o 

8,;§4;1866,XIII, or his agent. 

43'2. 

Penalty for Sec. 9. No barrel, half barrel, or bag of flour or meal, not examined 

offering for ° 

sale flour, &c, and inspected, as aforesaid, shall be offered for sale, under the penalty 

isiso~"xi i a, ti. °f fi ve dollars for each and every barrel, half barrel, or bag of flour 

or meal so offered for sale, to be paid by the seller thereof. 

uramis U &c ms Sec. 10- If an y P erson shall alter, erase, or deface the mark or brand 
lb., 1 5. ~~ marie by the Inspector, on any barrel, half barrel, or bag of flour or 
meal, or shall brand any barrel, half barrel, or bag of flour or meal, 
which has not been inspected, with a mark or brand, similar to, or in 
imitation of the Inspector's mark or brand, or shall re-pack a barrel, 
half barrel, or bag of flour or meal previously inspected, without first 
erasing the Inspector's marks thereon, the person so offending shall for- 
feit and pay. for each and every such offence, the sum of fifty dollar.-. 

For inter- ^ EC - H- -^ anv person shall prevent, or attempt to prevent, the In- 
iii-'iiivio]" 1 " 1 speetor from exercising the duties assigned to him, he shall forfeit and 
i 1 ' . J. pay, for every such offence, the sum of twenty dollars. 

For inspee- Sec. 12. The Inspector of flour and meal shall not purchase, either 
ing*io"saie? s directly or indirectly, any flour or meal, for sale, under the penalty of 
ii)., Yf. ten dollars for each and every barrel, half barrel, or bag of flour or meal 

bv him so purchased and sold. 

j Sec. 13. la case of sickness, or temporary absence of the Inspector, 

may appoint r, if nect .-sarv for the convenient dispatch of the duties of his office, lie 

ib, §9. is hereby empowered to appoint a Deputy, to act for him during such 

sickness, absence, or such time as lie may think proper, who shall also be 
made liable to the same penalties, and shall take the oath hereinafter 
prescribed. 



OF THE INSPECTION AND SALE OF PROVISIONS, AC. 277 

Sec. 14. The Inspector of flour and meal, under this Chapter, shall, ^Totakeoatb, 
before he proceeds to perform the duties, make oath or affirmation, as the lb., \ To! 
ease may be, before the Clerk of the Court of Common Pleas, that, with- 
out fear, fafbr, or affection, malice, partiality, or respect of persons, he 
will diligently and carefully examine and inspect, to the best of his skill 
and ability, all Hour or meal offered to him for inspection, and that he 
will brand, or cause to be branded as merchantable, all barrels, half bar- . 

rels, or bags of flour or meal that do not appear sufficiently sweet and 
sound, and no other, according to the best of his knowledge and judg- 
ment; and also the oath provided in the Constitution. 

t 

Sec. 15. All fines and forfeitures incurred under the foregoing pro- Disposition 
visions shall be recovered bv indictment, and appropriated, one half to Pi fl " cs ' &c - 

_ lb., \ 11. 

the informer, and the other half to the use of the State. 

Sec. 16. That no flour merely passing through the city of Charleston, Flour, &c, 
from any place in this or any other State, to another port or place out of subject to ni- 
tidis State, shall be required to be inspected in the said city of Charles- - vfA ' x ^ - 4S - 
ton, provided such flour be distinctly marked before it comes into the § "-• 
said city, upon the barrels or bags, with the name of the place from 
whence it comes, and the name of the port or place of its destination, 
with the words "in transit" between the names of ths said two places. 

Grain. 

Sec. 17. That no person shall take more toll for grinding corn, wheat, Toiisaiiowed 
rye, or any other grain, into good meal or flour, than one-eighth part for any — s i '\'^ u 's- 

, t i i i r- ill i 1785,1V,652, 1 

quantity under ten bushels, and tor ten bushels, or any quantity above, 

at one time brought, one-tenth part only; anil that all grain as aforesaid, 

chopped for homony, feeding stock, or fir distilling, one-sixteenth part. 

. 18. Any person or persons taking more- till than hereinbefore penalty for 
directed, shall be subject to pay a fine to the amount of ten times the than'tllowe'eL 
value of (he toll so taken, to be recovered in the most summary way, H>,g2. 
before the nearest Trial Justice; one-half t>> the prosecutor, and the other 
half to the person aggrieved. 

Sec.-19. That the City Council of Charleston shall have full power ,... „ 

J 1 City Council 

and authority to regulate and control the sale of grain, by measurement pf Charleston 

. . ... to regulate 

or weight, or both, sold within the corporate limits of the city, in such sale of. 

manner as will insure a fair, equal and uniform sale and measurement of ' ' ' 
the same. 

Naval .Stores. 
Sec 20. That the City Council of Charleston are authorized to an- city council 

J 'of Charleston 

point such number of Inspectors of Naval Stores as the wants of the to appoint in- 

, ....,„ . . spectors of. 

trade may, in their judgment, from time to time require. isj^xii m ? i 



278 OF THE INSPECTION AND SALE OP PROVISIONS, &C. 

"ivrhnnT&c ^ EC ' ^' ^ acn 0I " tne Inspectors so appointed shall give bond in the 
i8~m,xii,584^5; sl,m of two thousand dollars, conditioned for the faithful discharge of his 
duties. 

To examine Sec. 22. It shall be the duty of the Inspectors of Naval Stores for the 

crude lurpen- ^ ... 

tine , &o. _ city of Charleston to examine and inspect any crude turpentine or other 

iii, 583, ei. ros ; ns of grades other than those known as "common" or "number 

two," which may be offered for sale in the city of Charleston, and which 

may be submitted for examination by the owner or other person having 

charge of the same. 

To weieh ^ EC ' *^' E vel 7 barrel of crude turpentine or rosin submitted to an 
search, try Inspector as aforesaid shall be by him weighed and searched and tried, 

and brand. r J o 

lb., § 2 ; 1746, au d the Inspector shall brand every such barrel or cask with the word 

■ ' * • " Charleston," and shall brand thereon, in characters known to the trade, 

the quality of said turpentine or rosin, together with the weight of the' 

same expressed in figures, and every barrel of rosin and turpentine shall 

be clean strained and merchantable, without chips, leaves, filth or dirt. 

Fees allowed. ^ EC - ^ ^ or eve ry barrel of turpentine or rosin weighed by the Iu- 
To have lien S p e ctor, he shall be entitled to three cents, and for every barrel inspi ct< <! 
Is5<^xii,583,i.3. and branded as herein directed, three and one-quarter cents, to be paid 

by the owner of said turpentine or his agent, and the Inspector shall 

have a lien on said barrels for the amount due. 

Penalty for Sec. 25. Any person who shall alter or erase or deface the mark or 
brands, &c, brand made by the Inspector shall be subject to a penalty of fifty dol- 

ana Interl'er- , „ 'in- i i.- j i xi 

ing with in- lars ior every such offence; and any person attempting to prevent tne 
Inspector from exercising his duties shall be subject to a penalty of 
twenty dollars for each offence, all of which shall be recoverable by in- 
dictment in any Court of competent jurisdiction; and the Inspector shall 

not to pur- not be permitted to purchase, directly or indirectly, any turpentine i ■■ 

C 1 1 ELS C &(.' 

rosin for sale or exportation, under a penalty often dollars per barrel. 

Weight of Sec. 26. That, in the absence of satisfactory proof of a special stinula- 

crode turpen- tion to the contrary, it shall be presumed and held that the quantity and 
tine; quantity . . 111 

ot tar to a bar- weight of crude turpentine, to make a barrel thereoi, is two hundred 

into x iv 3M an ^ e 'g nt y pounds, and that the quantity of tar to make a barrel thereof 
WV/* 6 ' m ' k thirty- two gallons. 

J'itrh, &c, in Casks and Barrels. 

Casks ami Sec. 27. That every person who shall sell or expose for sale in any part 
i randed, &e. of this State any pitch, tar, rosin, turpentine, beef or pork, in any casks 
lb.,686, is i. ()1 . barrels, shall first set on every such cask or barrel a burnt mark, with 
the first letter of the Christian name, and the surname at length, of the 
maker of such commodity, with an iron brand; and it' any person shall, 
in any port or place of exportation within this State, sell or expose to 
sale any of the said commodities hereinbefore enumerated, in any cask 
or barrel, before the same be marked and branded as aforesaid, every 



lb., 5S4, § 4 



OF THE INSPECTION AND SALE OF PROVISIONS, &C. 279 

such person shall, for every such cask or barrel, forfeit the sum of two fa P , en . alty for 
dollars to the person or persons who will inform and sue for the same, to 
be recovered before any Trial Justice. 

Sec. 28. If any merchant, factor, trader, or other person, shall ship pcuaity 

or put on board any ship or vessel any of the said commodities hereinbe- for wttuouV r ' s 
fore enumerated, in any casks or barrels, with intent to export the same bl ' an ' 19 ' &c - 
before such casks or barrels be marked "and branded as aforesaid, every 
such merchant, factor, trader, or other person, shall forfeit the sum of 
two dollars for every such cask or barrel, to be sued for, recovered and 
disposed of in manner aforesaid. 

Sec. 20. If any fraud or abuse shall be suspected in any barrel or bar- Barrels mav 
ills of pitch or rosin which shall be brought to market or exposed to h , c °i'™ ert hy 

1 or ,purchaser9 

sale, the person who shall treat for the purchase of such pitch or rosin yhere fraud 
' - r r is suspected, 

shall be at liberty to cut open as many barrels of the same as he shall &c - 
think proper, which shall be liable to be viewed, judged and forfeited, as -> 688 i§ 8 - 
is directed in the case of rice, and where any pitch or rosin shall be con- 
demned as fraudulent by the person or persons empowered (as is directed 
with respect to rice) to view and judge the same, all such condemned 
pitch and rosin shall be forfeited, and sold by the State Treasurer, and 
apjilied to such uses as is directed in the case of rice. 

Sec. 30. That where any pitch or rosin shall be ordered to be cut open To be done 
as aforesaid, without the consent of the owner or person offering or ex- & c . 
posing the same for sale, the same shall be done at the risk of the person Ib - 
who shall cause such pitch to be so cut open, that is to say, if such pitch 
or rosin shall not be condemned as fraudulent by the person or persons 
empowered to view and judge the same, then the person who caused 
the said pitch or rosin to be so cut open and examined, shall take to him- 
self every such barrel so cut open, and which shall not be condemned as 
aforesaid, and shall pay to the owner or persou offering the same to sale, 
the current sum or price which good pitch or rosin shall then be at, at 
that port or place, anything hereinbefore contained to the contrary not- 
withstanding. 

Pork and Beef. 

Sec. 31. That every barrel of pork or beef packed and sold in this Barrels to 
State shall contain thirty gallons and two hundred pounds weight of ^S^J n what; 
wholesome, well cured meat, in the same, which shall be weighed by the packed* 



packers, and well packed with salt and pi"kle, each piece not to weigh ib.,687, J4. 

more than eight pounds, and not to be cut or mangled further than to 
take out the kernels or where the bones require it, and not more than two 
beads in one barrel of pork No beef's heads or shauks shall at all be 
packed. 

Sec. 32. That in case any persou shall kill any cattle to put in barrels p,., ri i u - tnv 
for sale, without having first penned them twelve hours before killing ^ i !. lin f, a J£i n 1 ® 
them, every such person shall forfeit the sum of ten dollars, current " ot previoue- 

* J x \y penned 1- 

money, for every head of cattle so killed, to the person who will sue lor hours. 

the same, to be rei overed before any Trial Juetioe. 



280 OF THE INSPECTION AND SALE OF PROVISIONS, iC. 

Tniin made g EC 33 That every person and persons in this State shall make his 
of seasoDed . -'J ' 

« iiii. or wa- rtm ] their casks for packing beef or pork, of sound, dry and well seasoned 
ter oalc. _ . . 

ibT, 687, { 3. white or water oak timber, without sap, the heads as well as bodies of 

which casks shall be made tight, so as to hold pickle, and shall fill the 

said casks with water before the same are packed with any beef or pork. 

ICicr. 

Fraudulent Sec. 34. That if any planter or other person shall sell or expose for sale 
mixtures to , „ , , „ 

be forfeited to to any merchant, factor or any other person, at any port or place ot expor- 

ii) 687 "Vis"- t ,a '' on within this State, any casks or barrels of -rice which, upon opening 
1783,1V, 5jo, § 1. „r uncasking the same, shall be found to contain any unfair and fraudulent 
mixture of small or damaged rice, then, and in every such case, the 
seller of the said rice, or person offering the same to sale, shall immedi- 
ately, on request of the buyer, or person offering to buy the same, name 
mie indifferent person, being a freeholder, and the said buyer another, to 
view the said rice, and if such two persons shall agree in opinion and 
iii'Jd?'' exam " certify the same in writing under their hands, that such rice was deceit- 
fully and fraudulently packed and exposed for sale, every such cask or 
barrel, so fraudulently packed and exposed for sale, shall be forfeited 
to the State, and the same shall be sold or caused to be sold by the State 
Treasurer, or by the person or persons who shall condemn the same, for 
the use aforesaid, who shall be allowed, thereout, five per cent, for their 
trouble. 

Proceedings Sec 35. That if the seller shall refuse to nominate a person to view 
do uot nomi- the said rice, then the buyer shall nominate both the persons to view 
tors. ' " such rice, who shall have the same power as if one had been named by 

1746,111,687,1 & (h e seller and one by the buyer: Provided, That in case the said persons 
nominated as aforesaid shall not agree in opinion, they shall have power to 
nominate a third person, being a freeholder as aforesaid, who shall have 
the same power as the first two by this Chapter have ; and in case either 
of the said two persons shall refuse or neglect to join, or cannot agree in 
nominating such third person, then and in such case any Trial Justice, 
on notice given by both or either of the said persons, shall, and he is 
hereby, required to nominate such third person, which third person shall 
have the same power in the premises as if he had been nominated by 
both. And such adjudication and certificate shall be made within 
twenty-four hours from the first application, and the said certificate shall 
be deemed a sufficient condemnation of the said rice, to warrant the sale 
thereof as aforesaid; any law, statute, usage or custom, to the contrary 
notwithstanding. 

Starrs and. Shingle*. 



=•,„„(■,,;„. Sec. 3G. That all staves to be made for exportation, and all shingles 

n i.v, (.1 r pipe 1 o 

which shall be offered to sale in this State, shall be made of good and 
sound timber, and shall be of the following dimensions, to wit: Each 
pipe stave to be made of white oak, fifty eight inches long, and not less 
than three-quarters of an inch thick at the thin edge, and three inches 



II. , 690, § 13. 



OF AUCTIONS AND VENDUES. 281 

broad, clear ol sap; each hogshead stave to be made of red or white 
o:ik, forty-two inches long, not to be less than three-quarters of an inch 
.thick at the thin edge, and four inches broad, clear of sap; and each 
barrel stave, of red or white oak, to be thirty inches long, not to be less 
than half an inch thick at the thin edge, and four inches broad, clear of 
sap ; and each shingle to be twenty-two inches in length, and not less 
than half an inch thick at the thick end, and well shaved, so as not to 
lie winding, and not less than three inches and a half broad, clear of 
sap. 



CHAPTER LIT. 
Of Auctions and Vendues. 



Sec. 

1. Auctioneers, So., to give bond to city 

or town where they reside. 

2. Purchasers at sales refusing to coin- 



Seo. 

ply with terms, &c , liable for losses 
on a resale. 

3. Remedy against auctioneers. 

4. Responsibility of, for loss of goods. 



Section 1. That every vendue master and auctioneer, before he shall 



Auctioneers, 



act in such capacity, shall be compelled to give to the Council of the £j?jj a '£„ giTe 
city or town where he may reside, full and ample security for the due iiavvi, 209, § 3. 
and faithful performance of his duty as auctioneer or vendue master, as 
the case may be. 

Sec. 2. That every person who shall purchase any lands, houses, Purchasers 
horses, cattle; ships, boats, or other vessels, goods, wares and merchan- ing to comply 

t 1 t i • 1 • n i 1 • i i l ,1 i with terms 

disc, at any public sale 111 this state, and which purchase -shall be en- liable for loss- 

gs &c 011 rc~ 

tered in the books of the vendue masters so selling such property, such sale. ' 
person refusing to comply with the conditions of the said sale within ? A 785 ! IV > (i7 -> 
seven days thereafter, shall be liable to all losses arising thereon, to the , r 1 ?l n V-V 93 ' ; 

J ' ... McM., 4o3. 

original owner; and for the more speedy ascertaining said losses, the 
vendue master is authorized to resell such lands, houses, horses, cattle, 
ships, boats, or other vessels, goods, wares and merchandise, on the 
original conditions, giving seven days' notice of said sale; and whatever 
deficiency shall arise on said purchaser's non-compliance, the vendue 
master shall recover, at the .first ensuing Court having jurisdiction, such 
loss, from every person so declining to comply with the conditions of the 
original purchase, together with the commissions and other expenses 
attending the sale. No judgment given in any such cause shall be ar- 
rested or staid for or by reason of any error or mistake in the proceedings. 

Sec. 3. The owners of property placed in the hands of vendue masters Remedy 

1 L J L , l-i against aue- 

or auctioneers, cither for public or private sate, are authorized and em- tloneers. 

powered to recover from said vendue masters, .in the most summary man- i^mc'c;, 3 '^,' 

ner, before any Court of competent jurisdiction in the Stale, for goods [irlf^McC 1 , ^.' 

or other property by them sold on account of said owners. Judgment 

given in such case shall not be arrested or stayed for or by reason of any 

error or mistake in (he proceedings. 



282 



OF AUCTIONS, &C. — OF WEIGHTS, &C. — OF SHIPPING, &C. 



tvof^for'toss ^ EC- "^ Nothing in this Chapter shall be' so construed or understood 
of goods, &c. as t render vendue masters or auctioneers responsible for the loss of 
goods or other property occasioned by the act of a public enemy, the 
act of God, or by any other cause which man could not prevent or fore- 
see. 



CHAPTER LIU. 



Of Weights and Measures. 



Skc. 
1. To be regulated by United States 

standard. 
2 To be kept by State Treasurer. 



Sec. 
o. Clerks of Court to keep. Same to be 
purchased by Governor. 



To be regu- 
lated by U. S. 

standard. 



New. 
U. S. Con., Art. 
I, i S. 

To be kept 
by State Trea- 
surer. 

.1. R~ ~\j7~W. 

Congress, 1836, 
5Stai at Large 
133, No. 7; 1768, 
IV,200, §5; 1783, 
IV, 510, §§ 1, 2. 



Section 1. Weights and measures shall be regulated by the standard 
fixed by the Congress of the United States. 

Sec. 2. Such weights and measures as have been, or may hereafter 
be, furnished this State by the Government of the United States, shall 
be kept by the State Treasurer; and the said weights and measures shall 
be deemed and taken to be the standard weights and measures, by which 
all the weights and measures in this State shall be regulated. 



clerks of Sec. 3. The Clerk of the Court of Common Pleas and General Ses- 
""'y '^/'j-'' ifiis of each County in this State shall furnish, and is required to keep 
1850, xii, 3uo, in his office, the weights and measures established by law, which shall 
be the standards of all other weights and measures in said County, and 
pifr^haBed by ^o which any person shall have free access to test the same; and the 
Governor. Governor of the State is authorized and required to purchase such stan- 
dard weights and measures out of the fines and forfeitures incurred in 
their respective Counties. 



CHAPTER LIV. 



Of Shipping and Pilotage. 



SkC. 



Boats "nil Steamboats, 



1. Boats drawing three feet or more to 

nave draught and owners' name 
legibly marked 

2. One hundred dollars' penalty lor vio- 

la! ing last nm'I ion. 

3. Penalty lor stealing or letting loose 

boal B, canoef , &c. 
I. Uaster Liable for injury by explosion 
of steamboat boilers, unless una- 
roldable, 



Sec. 

5. Owners liable for good conduot Of 

master. 

Pilotage. 

6. Governor to appoint a Hoard of Pilot 

Commissioners. 

7. Term of ntlice of Lommissioni'rs. Va- 

eany. 
s. t<i granl Licenses i<> pilots. 

9. Who may act as pilots. 

10. City Council vested with control ot 

Charleston harbor. 



OF SHIPPING AND PILOTAGE. 283 

Boats and Steamboats. 

Section 1. That every boat or pettyauger, drawing more than three To have 
feet water when loaded, used or to be used in any of the rivers in this State, and draught 

shall have her draught of water fairly and visibly marked on her stern biymar' 
post, iu feet and half feet, and shall likewise have the owner's name and 1738, VH, i-r, 
place of abode, that is to say, the town or County iu which he lives, 
plainly marked iu legible character-, in some open visible part of the 
said boat or pettyauger. 

Sec. 2. Every owner or owners of any such boat or pettyauger draw- (lOOpenaity 
ing more than three feet water, as aforesaid, who shall employ or make iSTsT " 
use of the same in any of the rivers iu this State, or in passing through 
any of the creeks made navigable by authority of law, without having 
their respective draughts of water, and also the owner or owners' name 
or names and place of abode plainly marked thereon, as aforesaid, shall 
forfeit and pay the sum of oue hundred dollars current money, for every 
time such boat or pettyauger shall pass through any of the said creeks- 
or cuts, as aforesaid, to any person or persons that will inform and sue 
for the same, to be recovered by action in any Court of competent juris- 
diction. 

Sec. 3. That any person or persons who shall steal, take away, or let , An v person 

J r r ■" who shall 

loose, any boat, pettyauger or canoe, or steal or take away any grappling, steal or let 

painter, rope, sail or oar from any landing or place whatsoever, where the boat^&c.how 

• 1 • , , • , \ n /■ to be P un " 
owners or persons in whose service or employ they were last m, had made fast ished. 

or laid the same, (except all boats or canoes as are let loose from another A ',^:n!i!.',]' j,!,'- 
1) tat, canoe or vessel,* shall be liable to such fine or fines as the Court Com ' rs - 
of Sessions shall impose, if the matter of fact be felony or larceny, and 
make good to the persou or persons injured all damages they shall sus- 
tain; and in ease the matter of fact be a trespass only, the person or penalty for 
persons committing such offence shall make good to the person injured boats ffcc. 
all damages that may accrue thereby, and, moreover, forfeit and pay, for 
every time he or they shall be found guilty thereof, the sum of twenty 
dollars, oue moiety thereof to be paid to the State Treasurer, for the public 
use, the other moiety to him or them that will sue and prosecute for the 
same in any Court of competent jurisdiction in this State, besides his 
charges, therein expended. 

Sec. 4. That if any person within this State shall suffer injury to life Masteriiabie 

. . j .* f or explosion 

or limb, by the explosion of any boiler of a steamboat, or by reason of of steamboat 

i .„, , ■ ,■ n , boiler, unless 

the unskillf uiness, mismanagement or negligence of the person or persons unavoidable. 
having the charge or command of the said boat, or her engine, or by rea- lf37 ' VI >°' 1 ' '• 
son of any defect iu the said engine or boat, or by reason of the de- 
ficiency or want of any matter or thing necessary and proper for the 
management or seaworthiness of the said boat, the Captain, Master or 
other person having command or charge of such boat, shall, for every 
such injury, be deemed guilty of a misdemeanor, and on conviction shall 
be punished by fine or imprisonment, or both, at the discretion of the 



CO] 

master 



lb., 



i 2. 



284 OF BOATS AND PILOTAGE. 

Court before which such conviction shall be had : Provided, however, That 
nothing contained in this and the following Section shall be so construed 
as to prevent the defendant from showing, on the trial, that the injury 
arose from unavoidable accident, and without fault on his part ; and that 
said Sections shall not in any manner be construed to restrict the liability 
of any person to be indicted, tried a;:d punished, under any law now ex- 
isting. 

owners Jia- Sec. 5. The owners of every steamboat shall be deemed, and are hereby 
bl ndnci s °°of made, responsible for the good conduct of the Masters or Captains em- 
ployed by them ; and if any penalty incurred by the Master, Captain or 
other person having the command or charge of a steamboat or her 
engine, cannot be collected of him by due course of law, the same may be 
recovered of the owners of the boat in whose service and employment he 
was at the time such offence was committed, jointly and severally, in the 
same manner as if they were sureties of such Master, Captain or person 
in command or charge as aforesaid. 

Pilotnge. 

Governor to Sec. 6. That the Governor of the State shall appoint a Board of 
mission er° m " Commissioners of Pilots, to consist of three seafaring men, one of whom 
xm, xiv, i:o, shall be a first-class pilot. 

Term of of- Sec. 7. The members of the Board of Commissioners herein provided 
"!,] 3- ' for shall hold their office for two years, unless sooner removed by the 
Governor. When a vacancy occurs a new appointment shall be made 
for the full term. 

To grant U- Sec. 8. Said Board shall be authorized to grant license for pilots as 
-•nTi first, second, third and fourth class, as they may be entitled from their 

lb., : 1. 

skill and knowledge of the business. 

Pilots. Sec. 9. It shall be lawful for any person or persons to act as pilots 

Ih -i§ 2 - in this State who shall be examined and approved by the Board of Com- 
missioners herein provided for. 

city council Sec. 10. That the City Council of Charleston are vested with full power 
control W1 of an ^ authority, from time to time, under their common seal, to make and 
invrbor C9t0a establish such by-laws, rules and ordinances, respecting the harbor and 
_ i783,"vii, 98, the regulation of seamen, as to them shall appear expedient and neces- 
6 :i strob.. 594; sary ; and they may also take such effectual measures for carrying into 
Rich., 206. ' execution all laws in force respecting the said harbor as to them may 
seem proper.''' 



♦For regulations concerning pilotage of bur anil harbor of Charleston, sec Ilorsey's 
Compilation of City Ordinances, p. S3. 



OF MONEY, BILLS OF EXCHANGE, AND .PROMISSORY NOTES 



285 



CHAPTER LV. 



Of Money, Bills of Exchange, and Promissory Notes. 



Sec. 



Con/ed Notes. 



l Debts contracted with reference to 
Confederate money t- 1 be determined 
by Federal mom v. 

•2. Value of Federal money: 1. 1861— Jan- 
uary and February. 2 March. 3. 
April 4. May. 5. -June. 6. July and 
August. 7. September. 8. Ootober. 
9 November. 10. December, 11.1£62— 
January. 12. February. 13. March. 
11. April. 15. May. 16. June. 17. Ju- 
ly. U.August. 19. September. 20 
October. 21. November. 22 Decem- 
ber. 23.1863 — lanuary. 24 February. 
25. March. 2i>. April. 27. May. 23. 
June. 20. July. 30 August. 31. Sep- 
tember. 32. October. 3:;. Nfovemb er. 
84. December. 35. 1864 — January. :;>',. 
February 37, March. 38 April. 39. 
May. 40 June. 41 July. 12. August. 
43. September. 44. October 15 No- 
vember. 46. December 47. 1865— Jan- 
uary. 4S February. 4fl March. 50 
April and May. 

3. One day. livision of time. 

Money of Account 

4. Dollars, dimes, cents and mills. 

Interest of Money, 

5. Legal rate to be seyen per cent. 



Sec 

6. Decrees and judgments to draw inter- 
est. 
7 Usury acts repealed. 

■ •' Exchange and Promissory Notes. 

8. Promissory notes made negotiable and 
assignable. 

!!. Notes made before death, and negotia- 
ted after, binding on estate : proviso. 

10. Inland bills of exchange to be protest- 

ed if not paid : fees for protesting 

11. Endorser not to be held unless protest 

is made. 

12. Protest unnecessary if bill is for less 

than .4100. 

13. Bill of exchange accepted for debt, to 

be accounted a pavment. 

14. Drawer, &c, not to be discharged. 

15. Protest good evidence if Notary he 

dead or absent. 

hi. r>ays of grace on bills payable at sight. 

17 Protested hill to carry interest. 

IS. Drawers and endorsers may be sued 
jointly or separately. 

10. Damages allowed upon certain pro- 
tested bills. 

20. Jury may render verdict for difference 

of exchange on foreign hills 

21. Notes, &c , for less than one dollar, 

void ; penalty for issuing. 



Confederate Slates Notes. 

Section 1. That the value of all debts and obligations, whether under Debts con- 
seal or not under seal, created or contracted in Confederate States notes, reference to 
or with reference to Confederate States notes as a basis of Value, issued money' to in; 
by the so-called Confederate States Government, or in or by any bills, by l Federal 
bonds or notes assimilated or made equivalent in value to Confederate „ 

States notes by any law or custom of trade during the years 1861, 1862, 
1803, 1864 and 1865, shall be determined by the value of said Con- 
federate States notes in the lawful money of the United States at the 
time such debts or obligations were, created or contracted. 



Sec. 2. That the value of one dollar of lawful money of the United 
States in said Confederate States notes is declared as follows, namely: 

1. During January and February, 1861, one dollar of lawful money 
was equal to one dollar and five cents of Confederate States notes. 

2. During March, 1861, one dollar of lawful money was equal to one 
dollar and six cents of Confederate States notes. 

3. During April, 1861, one dollar of lawful money was equal to one dol- 
lar and seven cents of Confederate States notes. 

4. During May, 1861, one dollar of lawful money was equal to one dol- 
lar and eight cents of Confederate States notes. 

5. During June, 1861, one dollar of lawful money was equal to one dol- 
lar and nine cents of Confederate States notes. 



Value of Fed- 
eral money. 

lb., i 2. 

1861— Janu- 
ary and Feb- 
ruary. 

March. 



April. 



May. 



June. 



2S6 



OF MONEY, BILLS OF EXCHANGE, AND PROMISSORY NOTES. 



July anil Au- 
gust. 



September. 



i irtnlicr. 



November. 



December. 



1862 — Jana 



ary. 



February. 



March . 



April. 



May. 



6. During July and August, 1861, one dollar of lawful money was 
equal to one dollar and ten cents of Confederate States notes. 

7. During September, 1861, one dollar of lawful money was equal to 
one dollar and eleven cents of Confederate States notes. 

8. On the first day of October, 1861, one dollar of lawful money was 
equal to one dollar and twelve cents of Confederate States notes, and 
from day to day thereafter regularly increased in value until the thirty- 
first day of October, 1861, when one dollar of lawful money was equal 
to one dollar and fifteen cents of Confederate States notes. 

9. On the first day of November, 1861, one dollar of lawful money 
was equal to one dollar aud fifteen cents of Confederate States notes, 
and from day to day thereafter regularly increased in value until the 
thirtieth of November, 1861, when one dollar of lawful money was 
equal to one dollar aud twenty cents of Confederate States notes. 

10. On the first day of December, 1861, one dollar of lawful money 
was equal to one dollar and twenty cents of Confederate States notes, 
and from day to day thereafter regularly increased in value until the 
fifteenth day of December, 1861, when one dollar of lawful money was 
equal to one dollar and thirty cents of Confederate States notes, aud, 
from day to day thereafter, regularly decreased in value until the thirty- 
first day of December, 1861, when one dollar of lawful money was equal 
to one dollar and twenty cents of Confederate States notes. 

11. On the first day of January, 1862, one dollar of lawful money was 
equal to one dollar and twenty cents of Confederate States notes, and 
from day to day thereafter regularly increased in value until the thirty- 
first day of January, 1862, when one dollar of lawful money was equal 
to one dollar and twenty-two cents of Confederate States notes. 

!_' On the first day of February, 1862, one dollar of lawful money 
was equal to one dollar and twenty-two cents of Confederate States 
notes, and from day to day thereafter .regularly increased in value 
until the twenty-eighth day of February, 1862, when one dollar of law- 
ful money was equal to one dollar and forty-eight cents oi Confederate 
States notes. 

13. On the first day of March, 1862, one dollar of lawful money 
was equal to one dollar and forty-eight i ents of Confederate States 
notes, and from day to day thereafter regularly increased in value until 
the thirty-first day of March, 1862, when one dollar of lawful money 
was equal to one dollar and seventy-three cents of Confederate States 
notes. 

14. On the first day of April, 1862, one dollar of lawful money was 
equal to one dollar and seventy-three cents of Confederate States notes, 
and from day to day thereafter regularly increased in value until the 
thirtieth day of April, 1862, when one dollar of lawful money was equal 
to one dollar and eighty-seven routs of Confederate States notes. 

15. On the- first day of May, 1862, one dollar of lawful money was 
equal to one dollar and eighty-seven cents of Confederate States notes, 
and from day to day thereafter regularly increased in value until the 

thirty-first day of May, L862, when one dollar of lawful m. y was 

equal to one dollar and eighty-nine cents •<( Confederate States notes. 



OF ?li'\'KY, BILJiS 



' : 



i:\( UANGE, AND PROMISSORY ^OTES. 



287 



€6. On the first day of Juno. 1862, one dollar of lawful money was Junt - 
equal to one dollar and eighty-nine cents of C ate States notes, 

and from day to day thereafter regularly increased in value until the 
thirtieth day of June, 18ii2, when one dollar of lawful money was equal 
to one dollar and ninety cents of Confederate States notes. 

17. Qn the first day of July, 1862, one dollar of lawful money was Jnl _ 
equal to one dollar and ninety cents of Confederate States notes, and 
from day to day thereafter regularly decreased in value until the twen- 
tieth day of July, 1862, when one dollar of lawful money was equal to 
one dollar and eighty-three cents of Confederate States notes, and from 
dav to dav thereafter, regularly increased in value, until the thirty -first 
day of Jul) - , 1862, when one dollar of lawful money was equal to one 
dollar and ninety cents of Confederate States notes. 

I s . On the first day of August, 1862, one dollar of lawful money was August. 
equal to- one dollar and ninety cents of Confederate States notes, and 
from day to day thereafter regularly increased in value until the thirty- 
first day of August, 1862, when one dollar of lawful money was equal 
to two dollars and seventeen cents of Confederate States notes. 

19. On the first day of September, 1862, one dollar of lawful money septemb 
was equal to two dollars and seventeen cents of Confederate States notes, 
and from day to day thereafter regularly increased in value until the 
thirtieth day of September, 1862, when one dollar of lawful money 
was equal to two dollars and twenty-three cents of Confederate States 
notes. 

20. On the first day of October, 1862, one dollar of lawful money was October, 
equal to two dollars and twenty-three cents of Confederate States notes, 
aud from day to day thereafter regularly increased in value until the 
thirty-first day of October, 1862, when one dollar of lawful money was 
equal to two dollars and thirty cents of Confederate States n 

21. On the first day of November, 1862, one dollar of lawful money 
was equal to two dollars and thirty cents of Confederate Suites notes, aud 
from day to day thereafter regularly increased in value until the thir- 
tieth day of November, 1862, when one dollar of lawful money was equal 
to two dollars aud thirty-three cents of Confederate States notes. 

22. On the first day of December, 1862, one dollar of lawful money 
was equal to two dollars and thirty-three cents of Confederate States 
notes, and from day to day thereafter regularly decreased in value until 
the thirty-first day of December, 1862, when one dollar of lawful money 
was equal to two dollars and thirty cents of Confederate States notes. 

23. On the first day of January, 1863, one dollar of lawful money was is63— Janu- 
equal to two dollars and thirty cents of Confederate States notes, and ' ' ' 

from day to day thereafter regularly decreased in value until the thirty- 
first day of January, 1863, when one dollar of lawful money was equal 
to one dollar and ninety-four cents of Confederate States notes. 

24. On the first day of February, 1863, one dollar of lawful money February. 
was equal to one dollar and ninety-four cents of Confederate States notes, 

and from day to day thereafter regularly decreased in value until the 
twenty-eighth day of February, 1863, when one dollar of lawful money 
was equal to one dollar ami eighty-nine cents of Confederate States notes. 



November. 



December. 



2ss 



March. 



OF MOMEY, BILLS OF EXCHANGE, AND EROMISSOKT NOTES. 



,,.. 



April. 



May. 



July. 



August. 



eptember. 



October. 



25. On the first day of March, 1863, one dollar of lawful money was 
equal to one dollar and eighty-nine cents of Confederate Slates notes, and 
from day to day thereafter regularly increased in valne until the thirty- 
first day of March, 1863, when one dollar of lawful money was equal to 
three dollars and fifty cents of Confederate. States notes. 

26. On the first day of April, 1863, one dollar of lawful money was 
equal to three dollars and fifty cents of Confederate Stat.- rotes, and 
from day to day thereafter regularly increased in value until the thirtieth 
day of April, 1863, when one dollar of lawful money was equal to three 
dollars and eighty cents of Confederate States notes. 

27. On the first day of May, 1863, one dollar of lawful money was 
equal to three dollars and eighty cents of Confederate States notes, and 
from day to day thereafter regularly increased in value until the thirty- 
first day of May, 1863, when one dollar of lawful money was equal to 
four dollars and forty-eight cents of Confederate States notes. 

28. On the first day of June, 1863, one dollar of lawful money was 
equal to four dollars and forty-five cents of Confederate States notes, and 
from day to day thereafter regularly increased in value until the fifteenth 
day of June, 1863, when one dollar of lawful money was equal to five 
dollars and thirteen cents of Confederate States notes, and from day to 
day thereafter regularly increased in value until the thirtieth day of 
June, 1863, when one dollar of lawful money was ecmal to five dollars 
and forty-seven cents of Confederate States notes. 

On the first day of Jul) - , 1863, one dollar of lawful money was equal 
to five dollars and fifty-oue cents of Confederate States notes, and from 
day to day thereafter regularly increased in value until the fifteenth day 
of July, 1863, when one dollar of lawful money was equal to seven dol- 
lars and seventy-five cents of Confedi rate States notes, and from day to 
day thereafter regul.i ased in value until the thirty-first day of 

July, 1863, when one dollar of lawful money was equal to ten dollars and 
ninety-three cents of Confederate Stal 

30. On the first day of August, 1*03, one dollar of lawful money was 
equal to ten dollars and eighty-five cents of Confederate-States notes, and 
from day to day thereafter regularly increased in value until the fifteenth 
day of August, 1863, when one dollar of lawful money was equal to 
twelve dollars of Confederate States notes, and from day to day thereaf- 
ter regularly decreased in value until the thirty-first day of August, L863, 
when one dollar of lawful money was equal to eleven dollars and two 
cents of Confederate Slates notes. 

31. On the first day of September, Io63, one dollar of lawful money 
was equal to eleven dollars and two cents of Confederate Stall's notes, 
and from day to day thereafter regularly decreased in value until the 
fifteenth day of September, 1863, when one dollar of lawful money was 
equal to ten dollars and sixty-eight cents of Confederate States notes, and 
from day to «la\ thereafter regularly decreased in value until the thirtieth 
day of September, 1863, when one dollar of lawful money was equal to 
nine dollars and twenty-two cents of Confederate States notes. 

32. On the first day <>( October, 1863, one dollar of lawful money was 
equa] to nine dollars and twenty-two cents of Confederate State- notes, 



OP MONEY, 



nn.i - 



EXCHANGE, ANlt ^ROMISSOR? NOTES 



289 



and from day to day thereafter regularly decreased in value until the 
fifteenth day of ' ' ■'•■ r, 1863, when one dollar of lawful money was 
equal to eight dollars and one cent of Confederate States notes, and from 
day to day thereafter reguj,aj ly increased in valu until the thirty-fist day 
of October, l v 63, when one dollar of lawful money was equal to eight 
dollars and ninety-six cents of Confederate Stales notes. 

33. On the first day of November, 1863, one dollar of lawful money 
was equal to eight dollars and ninety-six cents of Confederate States 
. and from day to day thereafter regularly increased in value until 
the fifteenth day of November, 1868, when one dollar of lawful mouey 
was equal to ten dollars and fifty-four cents of Confederate States notes, 
and from day to day thereafter regularly increased in value until the 
thirtieth day of November, 1863, when one dollar of lawful .money 
was equal to thirteen dollars and fifty-one cents of Confederate States 
notes. 

-'■i. On the first day of December, 1863, one dollar of lawful money 
was equal to thirteen dollars and fifty-one cents of Confederate States 
notes, and from day to day thereafter regularly increased in value until 
the fifteenth day of December, 1863, when one dollar of lawful money 
was '-qual to fourteen dollars of Confederate States notes, and from day 
to day thereafter regularly decreased in value until the thirty-first day of 
December, 1863, when one dollar of lawful money was equal to thirteen 
dollars and ninety cents of Confederate States notes. 

35. On the first day of January, 1864. one dollar of lawful money was 
equal to thirteen dollars and ninety cents of Confederate States notes, 
and from day to day thereafter regularly decreased in value until the 
fifteenth day of January, 1864, when one dollar of lawful money was 
equal to twelve dollars and ninety cents of Confederate States notes, and 
from day to day thereafter regularly decreased in value until the thirty- 
first day of January, 1864, when one dollar of lawful money was equal 
to twelve dollars and eighty-two cents of Confederate States i 

36. On the first day of February, 1864, one dollar of lawful money 
was equal to twelve dollars and seventy-four cents of Confederate States 
notes, aud from day to day thereafter regularly increased in %-alue until 
the fifteenth day of February, 1864, when one dollar of lawful money 
was equal'to thirteen dollars and twelve cents of Confederate States notes, 
and from day to day thereafter regularly increased in value until the 
twenty-ninth day of February, 1864, when one dollar of lawful money 
was equal t > sixteen dollars ami thirty-five cents of Confederate States 
notes. 

37. On the first day of March, 1864, one dollar of lawful money was 
equal to sixteen dollars and thirty-five cents of Confederate States notes, 
and from day to day_t hereafter regularly decreased in value until the fif- 
teenth day of March, 1864, when one dollar of lawful money was equal 
to eleven dollars and seventy-two cents of Confederate Stab notes, and 
from day to day thereafter regularly decreased in value until the thirty- 
first day of March, 1864, when one dollar of lawful money was equal to 
eleven dollars and fifty-one cents of Confederate Stal - 

37 



November. 



December. 



1861— Janua- 
ry. 



February. 



March, 



290 



OF MONEY, BILLS OF EXCHANGE, AND PEOMI3SOEY NOTES. 



April. 



May. 



June. 



July. 



Sepl ember. 






38. On the first day of April, 1864, one dollar of lawful money was 
equal to eleven dollars and forty-four cents of Confederate States notes, 
and from day to day thereafter regularly increased in value until the fif- 
teenth day of April, 1864, when one dollar of lawful money was equal 
to twelve dollars and thirteen cents of Confederate States notes, and from 
day to day thereafter regularly decreaseS in value until the thirtieth day 
of April, 1864, when one dollar of lawful money was equal to eleven 
dollars and eleven cents of Confederate States notes. 

39. On the first day of May, 1864, one dollar of lawful money was 
equal to eleven dollars and thirty cents of Confederate States notes, and 
from day to day thereafter regularly decreased in value until the fifteenth 
day of May, 1864, when one dollar of lawful money was equal to ten 
dollars and forty cents of Confederate States notes, and from day to dav 
thereafter regularly decreased in value until the thirty-first day of May, 
1864, when one dollar of lawful money was equal to nine dollars and 
forty-seven cents of Confederate States notes. 

40. On the first day of June, 1864, one dollar of lawful money was 
equal to nine dollars and forty-seven cents of Confederate States notes, 
and from day to day thereafter regularly decreased in value until the 
thirtieth day of June, 18(>4, when one dollar of lawful money was equal 
to seven dollars and five cents of Confederate States notes. 

41. On the first day of July, 1864, one dollar of lawful money was 
equal to seven dollars and five cents of Confederate States notes, and 
from day to day thereafter regularly increased in value until the fifteenth 
day of July, 1864, when one dollar of lawful money was equal to eight 
dollars of Confederate States notes, and from day to day thereafter regu- 
larly decreased in value until the thirty-first day of July, 1864, when 
one dollar of lawful money was equal to seven dollars and eighty-four 
cents of Confederate States notes. 

4'2. On the first day of August, 1864, one dollar of lawful money was 
equal to seven dollars and eighty-four cents in Confederate States notes, 
and from day to day thereafter regularly increased in value until the fif- 
teenth day of August, 1864, when one dollar of lawful money was equal 
to eight dollars and sixty-two cents of Confederate States notes, and from 
day to day thereafter regularly decreased in value until the thirty-first 
day of August, L864, when one dollar of lawful money was equal to eight 
dollars and fifty-four cents of Confederate States notes. 

43. On the first day of September, 1864, one dollar of lawful money 
was equal to eight dollars and fifty-four cents of Confederate States notes, 
and from day to day thereafter regularly increased in value until the fif- 
teenth day of September, 1864, when one dollar of lawful money was 
equal to nine dollars and eighty-six cents of Confederate States notes, 
and from clay to day thereafter regularly increased in value until the 
thirtieth day of September, 1864, when one dollar of lawful money was 
equal to fourteen dollars and six cents of Confederate States note-. 

44. On the first day of October, 1864, one dollar of lawful money was 
equal to fourtei n dollar- and six cents of Confederate States notes, and 
from day to day thereafter regularly' decreased in value until the fifteenth 
day of October, 1864, when one dollar of lawful money was equal to 



OF MONEY, BILLS OF EXCHANGE, AND PROMISSORY NOTES. 



•J'.U 



December. 



ry- 



eleven dollars and sixty-two cents of Confederate States notes, and from 
day to day thereafter regularly decreased in value until the thirty-fust 
day of October, 1864, when one dollar of lawful money was equal to 
eleven dollars and sixty cents of Confederate States notes. 

45. On' the first day of November, 1864, one dollar of lawful money 
was equal to eleven dollars and six cents of Confederate States notes, and 
from day to day thereafter regularly increased in value until the fifteenth 
day of November, 1864, when one dollar of lawful money was equal to 
eleven dollars and ninety-one cents of Confederate States notes, and 
from day to day thereafter regularly increased in value until the thir- 
tieth day of November, 1864, when one dollar of lawful money was equal 
to thirteen dollars and ninety-one cents of Confederate States notes. 

46. On the first day of December, 1864, one dollar of lawful money 
was equal to fourteen dollars and nine cents of Confederate States notes, 
and from day to day thereafter regularly increased in value until the 
fifteenth day of December, 1864, when one dollar of lawful money was 
equal to fourteen dollars and eighty-nine cents of Confederate States 
notes, and from day to day thereafter regularly increased in value until 
the thirty-first day of December, 1864, when one dollar of lawful money 
was equal to twenty -two dollars and twenty-two cents of Confederate 
Slates notes. 

47. On the first day of January, 1865, one dollar of lawful money 
was equal to twenty-six dollars of Confederate States notes, and from 
day to day thereafter regularly increased in value until the fifteenth 
day of January, 1865, when one dollar of lawful money was equal to 
twenty-nine dollars and sixty-throe cents of Confederate States notes, 
and from day to day thereafter regularly decreased in value until the 
thirty-first da} - of January, 1865, when one dollar of lawful money was 
equal to twenty-four dollars and thirty-nine cents of Confederate States 

48. On the first day of February, -1865, one dollar of lawful money 
was equal to twenty-four dollars and fifty-one cents of Confederate 

- notes, and from day to day thereafter regularly decreased in 
value until the fifteenth day of February, 1865, when one dollar of law- 
ful money was equal to twenty-two dollars and eighty-six cents of Con- 
federate States notes, and from day to day thereafter regularly increased 
iu value until the twenty-eighth day of February, 1865, when one dollar 
of lawful money was equal to twenty-seven dollars and twenty-two cents 
of Confederate States no 

49. On the first day of March, 1865, one dollar of lawful money was Maidi 
equal, to twenty-seven dollars and fifty cents of Confederate States 

s, and from day to day thereafter regularly increased in value until 
the fifteenth day of .March, 1865, when one dollar of lawful money v. 

al U> thirty-two dollars and twenty cents of Confederate States 
notes, and from day to day ther gularly increased in value until 

the thirty-first day of March, 1865, when one dollar of lawful money 
was equal to forty-six dollars and thirty-five cents of Confederate States 
notes. 



November. 



' 8 ;5— Janua- 



Febni.uy. 



AI:iv 



292 Of MONEY, BILLS OF EXl HAMGE, AND PHOMISSOE1 N( 

A i ,ri1 - 50. On the first day of April, 1805, one dollar of lawful money was 

equal to forty-six dollars and thirty-five cents of Confederate States 
notes, and from day to day thereafter regularly increased in value until 
the fifteenth day of April, 1865, when one dollar of lawful money was 
equal to fifty-four dollars and seventy-nine cents of Confederate States 
notes, and from day to day thereafter regularly increased in value until 
the twentieth day of April, 1865, when one dollar of lawful money was 
equal to sixty-eight dollars and forty-nine cents of Confederate States 
notes, and from day to day thereafter regularly increased in value until 
the twenty-sixth day of April, 1865, when one dollar of lawful money 
was equal to one hundred and thirty-two dollars and forty-five cents of 
Confederate States notes, and, from day to day thereafter, regularly in- 
• creased in value until the first day of May, 1865, when one dollar of 
lawful money was equal to eight hundred and thirty-three dollars and 
thirty-three cents of Confederate States notes. 

Division of Sec. 3. In ascertaining the value of contracts under the foregoing 

time. . , ° 6 6 

lb., 253, § 3. provisions, no division of time less than one day will be noticed. 

Money of Account. 
Dollars, Sec. 4. All accounts in the public offices of this State, the verdicts of 

dimes, cent3 . * 

and m ills. juries on all contracts, and all accounts of the tax collectors, shall be ex- 
a 3^°' v ''^- pressed in dollars or units, dimes or tenths, cents or hundredths, and 
mills or thousandths; a dime being the tenth part of a dollar, a cent the 
hundreth part of a dollar, and a mill the thousandth part of a dollar. 

Interest oj 

Legal rate to Sec. 5. That in all cases of contract for the hiring, lending, or use of 

r'nt.'"" per money, wherein, by the terms of the original contract, no specific rate of 

lsws, xni, 463, iuterest shall have been agreed upon, -in writing, signed by the party to 

be charged therewith, the legal interest shall be at the rate of seven per 

centum per annum. 

Decreesand Sec. 6. That in all money decrees and judgments of Courts enrolled 

JfrawiDterestl or entered, in all cases of accounts stated, and in all cases wherein any 

Hi,, j. sum or sums of money shall be ascertained, and, being due, shall draw 
Code of Pro. . J - , ,,,,», 

ccdm-e, §336. interest, according to law, the legal interest shall be at the late 01 seven 

per centum per annum. 

rsury Acts, Sec. 7. That all Acts and parts of Acts, limiting the rate of interest 
repeal of. , . ,,,,.. \ . . ,. 

is.;.; \m jia recoverable upon contracts lor the hiring, lending, or use of money, arc 
hereby repealed. 

Bills of Exchange and Promissory .*■ 

SEC. 8. That all notes in writing that shall be made and signed by any 
person or persons, body politic or corporate, or by the servant or agent of 
any corporation, banker, goldsmith, merchant, or trader, who is usually 
intrusted by him, her or them, to sign such promissory notes for him, 
her, or them, whereby such person or persons, body politic and corporate, 






OF MONEY, IJILLS OF EXCHANGE, AM) PKOMISSOKY NOTES. 



293 



his, her, or their servant or agent, as aforesaid, doth or shall promise to 
pay to any other person or persons, body politic and corporate, his, her, 
or their order, or unto bearer, any sum of money mentioned in such note, 
shall be taken and construed to be, by virtue thereof, due and payable to 
any such person or persons, body politic and corporate, to whom the same 
is made payable ; and also every such note payable to any person or 
persons, body politic and corporate, his, her, or their order, shall be as- 
signable or endorsible over, in the same manner as inland bills of ex- 
change are or may be, according to the custom of merchants; and the 
person or persons, body politic and corporate, to whom such sum of money 
is or shall be by such note made payable, shall and may maintain an ac- 
tion for the same, in such manner as he, she, or they might do, upon any 
inland bill of exchange, made or drawn according to the custom of mer- 
chant-, against the pers >n or persons, holy politic and corporate, who, or 
whose servant or agent, as aforesaid, signed the same: and any person 
or persons, body politic and corporate, to whom such note, that is paya- 
ble to any person or persons, body politic and corporate, his, her, or their 
order, is endorsed or assigned, or the money therein mentioned, ordered 
to be paid by endorsement thereon, shall and may maintain his, her, or 
their action for such sum of money, either against the person or persons, 
body politic and corporate, who. or whose servant or agent, as aforesaid, 
signed such note, or against any of the ] ersons that endorsed the same, 
in like manner as in eases of inland bills of exchange. And in every 
such action the plaintiff or plaintiffs shall recover his, her, or their dam- 
ages and costs of suit; and if such plaintiff or plaintiffs shall be non- 
suited, or a verdict be given against him, her, or them, the defendant or 
defendants shall recover his, her, or their costs against the plaintiff or 
plaintiffs; and every such plaintiff or plaintiffs, defendant or defendants, 
respectively, recovering, may take out execution for such damages and 
costs. 



Promissory 
notes made 

able. 

3 and 4 Aon, 
C 9 
1712.11,544. § 1. 

1 Bav, 17"; 2 
Mill ,33Si: 1 X. 
and Met.. 264 : 
1 McC 115; 2 
Hill, 654; 2 
Brev., 16>; 2 
Bay, -217: 1 N 
and McC., 1(12; 
7 McM., 9j 1 
Spears, 127; 1 
Strob., 44; 5 
Kicll., 329; K 
Rich., 446; 9 
Rich., 297; 12 
Kicll.. 415. 



Sec. 9. That if any note or bill, whether tilled up before or after N 0t es made 
having been signed or endorsed, shall be passed away after the death of and° r neeotia^ 
such drawer or endorser, by an agent duly constituted in his or her life- }'" a ,. « fler . 

'J a J binding on 

time, the same shall be valid and binding on his or her estate, in like estate- 
manner as though he or she had not died before such passing away : 
Provided, The receiv'er of such note or bill received the same bona fide, 
without a knowledge of such death, and that the act of the agent would 
have been binding on the principal if it had been done before such death: 
And provided, also, The act to be done either under the power of attorney Proviso, 
or authority, or in relation to the bill or note.be done within nine iS2a/vi,360,$i. 
months after the death of the principal, or of the drawer or endorser of 
such note or bill. 



Sec. 10. That in case, upon presenting of any inland bill or bill of ex- to be protest- 
change, the party or parties on whom the same shall be drawn -hall re- e ' notpai . 

j. ■ 3and4Ann, 

fuse to accept the same, the partv to whom the said bill or bills are made c. 9. 

. . 1712.II,545,§4. 

payable, his servant, agent, or assigns, may and shall cause the said bill mm, 44. 
or bills to be protested for non-acceptance, as in case of foreign bills of 



29-4 OF MONEY, BILLS OF EXCHANGE, AND PROMISSORY NOTES. 

exchange; for which protest there shall be paid two dollars and twenty- 
five cents, and no more. 

Endorser S EC - H- No acceptance of any such inland bill of exchange shall be 
unless protest sufficient to charge any person whatsoever, unless the same be under- 
is made. written or endorsed in writing thereupon ; and if such bill be not ac- 

Ib., 546, § 5. .... ° . r . . . 

i Bay, 241: i cepted by such underwriting or endorsement in writing, no drawer ot any 
Spears',349. ,.,,,.„,„,,.,, f . 

such inland bill shall be liable to pay any costs, damages, or interest 

thereupon, unless such protest be made for non-acceptance thereof, and, 
within fourteen days after such protest, the same be sent, or otherwise no- 
tice thereof be given, to the party from whom such bill was received, or left 
in writing at the place of his or her usual abode; and if such bill be ac- 
cepted, and not paid before the expiration of three days after the said 
bill shall become due and payable, then no drawer of such bill shall be 
compellable to pay any costs, damages, or interest thereupon, unless a 
protest be made and sent, or notice thereof be given, in manner and form 
above mentioned. Nevertheless, every drawer of such bill shall be liable 
to make payment of costs, damages and interest upon such inland bill, 
if any one protest be made of non-acceptance or non-payment thereof, 
and notice thereof be sent, given or left, as aforesaid. 

No protest Sec. 12. No such protest shall be necessary, either for non-acceptance 

"es^bul'fie for or non-payment of any inland bill of exchange, unless the value be ac- 
over $ioo . knowledged and expressed in such bill to be received, and unless such 

lb., \ 6. & * 

bill be drawn for the payment of one hundred dollars, or upwards. 

Bin of ex- Sec. 13. If any person accept any such bill of exchange for and in 

for, to be ae- satisfaction of any former debt or sum of money formerly due unto him, 

meut. the same shall be accounted and esteemed a full and complete payment 

i'b^ 7 'ih) °* sucn debt, if such person, accepting of any such bill for his debt, 

doth not take his due course to obtain payment thereof, by endeavoring 

to get the same accepted and paid, and make his protest, as aforesaid, 

either for non-acceptance or non-payment thereof. 

Not to (lis- Sec, 14. Nothing herein contained shall extend to discharge any r< m- 

charge reme- 
dy against ody that any person may have against the drawer,-%cceptor or endorser 

drawer. J x J 

Ib.,~f8. of such bill. 

Protest good Sec. 15. That whenever a Notary Public, who may have made protest 
Notary " be for non-payment of any inland bill or promissory note, shall be dead, or 
!.''.';,';! " r ll '" shall reside out of the district in which said bill or note is sued, his pro- 
i822,vx,i82.?2. test of said bill or note shall be received as sufficient evidence of notice 

1 Hill, 177; 2 . . , . ... 

Spears, 645. m any action by any person whatsoever, against any ol (lie parties to 
such bill or n 

D ays oi grace. Si:c. 16. That all bills of exchange, whether foreign or domestic, paya- 

/;:"; j.'ii 1 ' hie at sight, shall be entitled to the same days of g race as are allowed by 
law on bills of exchange payable on time. 



. OF MONEY, BILLS OK EXCHANGE, AND PROMISSORY NOTES. 295 

Sec. 17. That where any bill of exchange is or shall be drawn for the ^innv'inter- 
payment of auv sura of money, for value received, and such biU shall be e9t _ _ 

• * 17SU TV 71" ^ 1 • 

protested for non-acceptance or non-payment, the same shall carry inter- {-,.,■:, xn 
est from the time such bill .-hall become due and payable, after the rat 
of -even per cent, per annum, until the money therein drawn for, together 
with damages and costs, be fully satisfied and paid. 

Sec. 18. That it shall and may be lawful for anv person or persons Drawersand 
, . . , , . " „ ,!■,,/. endorsers 

having a n^ht to demand anv sum or money upon a protested bill ot ex- may be suni 

° , .'.'.,, , jointlv or 

change, to commence and prosecute an action tor principal, damages and separate ly. 
interest, against the drawers or endorsers jointly, or against either of 17 J ,; j?\: '*j.' ;I ; " 
them separately, and judgment shall be given for such principal, dama- 
ges and inter, resaid; and all creditors on protested bills of ex- 
change, where the drawers or endorsers shall be dead, shall be upon an 
equality with bond creditors; any law, usage or custom, to the contrary 
notwithstanding. 

Sri-. 19. That all bills of exchange drawn upon persons resident within Damagesai- 
the United States, and out of this State, and returned protested, the certain U pr<v 
damages of such protested bills shall be ten per cent, on the sura drawn te f* ed ^ ^- 
for ; and all bills in like manner drawn upon persons resident in any 2 Bay., 377; l 
other part of North America, or within any of the West India Islands, 
and protested, the damages shall be twelve and a half per cent.; and all 
bills drawn on persons resident in any other part of the world, being pro- 
tested, the damages shall be fifteen per cent, on the sum mentioned in 
such biils respectively, and all charges incidental thereto, with lawful 
interest as aforesaid, until the same be paid. 

Sec. 20. That in any action which shall be commenced for the recov- 
ery of any bill of exchange, or any debt due and made payable in any difference in 
other country, wherein the plaintiff shall recover, the jury shall have — ^ b ., 4 " — 
power to find a verdict with such difference of exchange, as shall be just 
and agreeable to the true difference of exchange ; any law, usage 
or custom, to the contrary notwithstanding. 

Sec. 21. That all bills, or promissory notes, payable to order or bearer, xotesfor less 
which shall be issued by any individual or company, or body corporate, \}^l-""{ do1 " 
within this State, for any sum or sums under one dollar, shall be void ; 
and any person or persons who shall pass, or attempt to pass, or receive snehissne. 
any such bill in payment, shall be liable to be indicted therefor, and, is'i>, vi, u. i. 
on conviction thereof, shall be fined not exceeding ten dollars. 



29G 



OF AGENCY. — OF LIMITED PARTNERSHIPS. 



CHAPTER LVI. 
Of Agency. 

Sec. I Sac. 

l. Act of agent good if principal be dead, 2. Notes passed by, &c, binding on estate; 
tkr. proviso. 

„ , Section. 1. That if any agent, constituted by N power of attorney or 

Acl of attor- _ ..... 

ney good if other authority, shall do any act for his principal, which would be law- 
principal be . ... ... . . 

dead. fill if such principal were living, the same shall lie valid and binding on 

I828,yi,359, § l. t [ ]e egtate of said principal, although he or she may have died before 

such act was done: Provided, The party treating with s